Justice backs off on email search law
WASHINGTON — The Justice Department on Tuesday dropped its support for a controversial provision in a federal law that allows police to review some private emails without a warrant, but it asked Congress to expand its surveillance powers in other ways.
The testimony by a top Obama administration lawyer before a House subcommittee was met with cautious optimism by privacy advocates and civil liberties groups who have worked for years to overturn parts of the 1986 Electronic Communications Privacy Act. They said it provides a starting point for a compromise in a debate that has endured for more than a decade.
“What's very positive to me is the amount of common ground that's suddenly arisen,” said Chris Calabrese, legislative counsel with the American Civil Liberties Union, one of several organizations looking to change the law. “If we have an agreement on this (provision), we should move forward.”
The 1986 law was written before the Internet was popularized and before many Americans used Yahoo or Google servers to store their emails indefinitely. The law allows federal authorities to obtain a subpoena approved by a federal prosecutor — not a judge — to access electronic messages older than 180 days. Privacy groups have sought since 2000 to amend the law but failed after 9/11 shifted the debate over the government's ability to intercept communications.
With Americans increasingly relying on email — and the proliferation of “cloud computing” to store messages on servers outside a person's home — the debate has shifted back toward privacy protections. Meanwhile, technology companies including Google, Twitter and Dropbox have said they are overwhelmed with requests by law enforcement for email records.
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments â either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.