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Wiretap/ECPA

The Electronic Communications Privacy Act defines standards for government searches of voice communications, email and the Internet.  Written in 1986, the law has not kept pace with changes in technology; it provides inadequate protection to much personal information, lacks the clarity that law enforcement needs, and needlessly affords different levels of protection to the same data depending on whether it is stored “in the cloud” or on a person’s computer.  CDT is working with technology and communications companies, privacy advocates, and academics to update ECPA to preserve traditional privacy protections in the digital age.

 
 

Follow the latest CDT news with Press Releases, Events, and where we've been featured around the Internet.

Name Issues Date
CDT Lays Out Rule of Law Agenda for Next President and Congress
Statement: In testimony submitted to the Senate Constitution Subcommittee today, CDT called for the next...
10/1/2008
Court: Constitution Protects Stored Cell Phone Location Information
Statement: A federal court ruled September 10th that stored cell phone location information is protected by...
9/11/2008
Constitution Protects Location Information, CDT Argues
Statement: In a July 31 amicus brief filed in a federal court in Pennsylvania, the Electronic Frontier...
8/7/2008
Legal Implications of Online Behavioral Advertising Practices: Collection of Internet Content from ISPs May Violate Federal and State Wiretap Laws
Press Release:   Contact: Brock N Meeks, CDT (202) 637-9800 ex. 114 (703) 989-3547 (CELL) WASHINGTON-The...
7/8/2008
CDT Analysis: Constitutional Protection for Email
Statement: A recent federal court decision affirming that e-mail exchanges are protected under the Fourth...
7/26/2007

Policy Posts deliver in-depth analysis of current issues affecting the Internet. These documents are a leading resource for policy makers, the press, industry representatives, students, and others interested in legal and policy issues affecting the Internet.

Name Issues Date
Online Behavioral Advertising: Discussing the ISP-Ad Network Model The practice of "behavioral advertising" involves the compilation of detailed information... 9/18/2008
Federal Appeals Court Holds Email Content Is Constitutionally Protected In the past month, two federal appeals courts have grappled with the Constitutional status of... 7/25/2007
Digital Technology Makes Surveillance Easier, Requiring Stronger Privacy Laws Against the backdrop of debate over warrantless wiretaps and Administration calls to amend the... 2/22/2006
Federal Appeals Court Reaffirms E-Mail Privacy Protections Last week, on August 11, a federal appeals court reaffirmed the privacy protections accorded email... 8/17/2005
No Design Mandates for Internet, CDT Tells FCC On April 27, 2004, a diverse group of companies, trade associations and public interest groups from... 4/28/2004

Find all our latest testimony, papers, and other reports here.

Name Author Issues Date
Testimony of James Dempsey
Testimony: Testimony of James Dempsey before the Senate Judiciary Committee on "Carnivore."
9/6/2000
Testimony of Alan Davidson
Testimony: CARNIVORE'S CHALLENGE TO PRIVACY AND SECURITY ONLINE TESTIMONY OF ALAN B. DAVIDSON ASSOCIATE...
7/24/2000

Featured Blog Posts

CRS Report of the Month # 98-326 The Congressional Research Service (CRS) has a new report entitled Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping.  It is a great primer for those interested in the... Continued »
CDT recently signed on to an amicus brief being spearheaded by Electronic Frontier Foundation in the second round of United States v. Warshak, a case that could have major ramifications for email privacy rights and electronic search and seizure... Continued »
[Ed. Note: this is the first in a series of blog posts addressing a range of technology and civil liberties issues we believe America's next President and Congress will have the chance to take a fresh look at, and the opportunity to set a policy... Continued »
There is more to say, in addition to what David Sohn pointed out in Thursday's blog post, about the recent court order requiring YouTube to turn over user information. The order directing YouTube to turn over information about anyone who has ever... Continued »