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Why Should Congress Update The Electronic Communications Privacy Act (ECPA)?

Think about it: If your personal data or your mail was sitting on your dining room table, law enforcement would need to get a judge to issue a search warrant before gaining access to it. Why should it be any different if that information is stored with your web host or other online provider?

Under current law, if you upload that very same personal information to the web, or if you send and receive emails through the Internet, law enforcement could access your content with only a subpoena — which they can produce without having to go to court. 

The subpoena is a lower standard.  The search warrant is a higher standard.  Don’t you deserve the higher standard?  Isn't that what you thought the Fourth Amendment to the Constitution provided to you? At Endurance our policy is to require a search warrant to access your content.

That is why we support efforts to update ECPA. ECPA dates back to the mid-1980s  — well before the Internet, Facebook, Google and Endurance!

David Bryson, Web Civility Advocate

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