The U.S. House of Representatives on Monday approved a bill that would update the nation’s email surveillance laws so that federal investigators are required to obtain a court-ordered warrant for access to older stored emails. Under the current law, U.S. authorities can legally obtain stored emails older than 180 days using only a subpoena issued by a prosecutor or FBI agent without the approval of a judge.
President Obama on Monday outlined a proposal that would require companies to inform their customers of a data breach within 30 days of discovering their information has been hacked. But depending on what is put in and left out of any implementing legislation, the effort could well could lead to more voluminous but less useful disclosure. Here are a few thoughts about how a federal breach law could produce fewer yet more meaningful notice that may actually help prevent future breaches.
Lost in the ongoing media firestorm over the National Security Agency’s domestic surveillance activities is the discussion about concrete steps to bring the nation’s communications privacy laws into the 21st Century. Under current laws that were drafted before the advent of the commercial Internet, federal and local authorities can gain access to mobile phone and many email records without a court-issued warrant. In this post, I’ll explain what federal lawmakers and readers can do to help change the status quo.