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House Passes Email Privacy Act, Requiring Warrants For Obtaining Emails (techcrunch.com)

An anonymous reader quotes a report from TechCrunch: The U.S. House of Representatives has passed H.R. 699, the Email Privacy Act, sending it on to the Senate and from there, hopefully anyhow, to the President. The yeas were swift and unanimous. The bill, which was introduced in the House early last year and quickly found bipartisan support, updates the 1986 Electronic Communications Privacy Act, closing a loophole that allowed emails and other communications to be obtained without a warrant. It's actually a good law, even if it is arriving a couple of decades late. "Under current law, there are more protections for a letter in a filing cabinet than an email on a server," said Congresswoman Suzan Delbene during the debate period. An earlier version of the bill also required that authorities disclose that warrant to the person it affected within 10 days, or 3 if the warrant related to a government entity. That clause was taken out in committee -- something trade groups and some of the Representatives objected to as an unpleasant compromise.

61 comments

  1. So, they don't have to show a warrant? by fustakrakich · · Score: 1

    But they can execute it anyway? Nice!

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:So, they don't have to show a warrant? by Applehu+Akbar · · Score: 4, Informative

      But they can execute it anyway? Nice!

      Yes. They'll just say the warrant fell into your spam folder.

  2. It's called the "Hillary" bill. by Anonymous Coward · · Score: 0

    I can't believe the Congress is actually doing something worthwhile. I think hell just froze over.

    1. Re:It's called the "Hillary" bill. by Anonymous Coward · · Score: 0

      One of their own is embroiled in a scandal over e-mails. Of course it matters to the rest of them now!

  3. Doesn't matter by RoknrolZombie · · Score: 5, Insightful

    The 3 letter agencies are going to do what they want, regardless of what the "law" says, just like they do now.

    1. Re:Doesn't matter by Anonymous Coward · · Score: 1

      The 3 letter agencies are going to do what they want, regardless of what the "law" says, just like they do now.

      Yep. Some fine print is missing:

      House Passes Email Privacy Act, Requiring Warrants For Obtaining Emails *

      *Unless we don't want to issue a warrant and want to keep everything secret because terrorism.

    2. Re:Doesn't matter by tom229 · · Score: 2, Insightful

      It's really humorous how anarchist the population on this website is becoming. An opportunity to blast the government never seems to be missed, even in an article where they're doing a good thing.

      --
      If it ain't broke, don't fix it.
    3. Re:Doesn't matter by RoknrolZombie · · Score: 1

      Why do you assume that their motives are altruistic? You think that after 250 years it's bound to happen or something?

      How about this: When was the last time you saw the US Government do anything that didn't ultimately screw the population? I'll wait.

    4. Re:Doesn't matter by UnderCoverPenguin · · Score: 1

      Also, it seems to only apply to email. People are putting a lot more than just email in "the cloud".

      --
      Don't try to out wierd me, three-eyes. I get stranger things than you, free with my breakfast cereal. --Zaphod Beeblebr
    5. Re:Doesn't matter by tom229 · · Score: 3, Insightful

      I'll assume that's not a serious question. Be careful. When you lose objectivity, you become religious. I certainly wouldn't deny the government has done some shitty things and has ultimately become too inefficient and corrupt for its own good. But, at the end of the day, this is a large group of people, agencies, and bureaucracies all charged with working for the people. It's ridiculous to assume every one of them is out to get us, all the time.

      So while we need change, what we certainly don't need is religious idealism. In short, I understand that you're angry, but you're not really helping, and no rational person is taking you seriously.

      --
      If it ain't broke, don't fix it.
    6. Re:Doesn't matter by Anonymous Coward · · Score: 0

      Also, it seems to only apply to email. People are putting a lot more than just email in "the cloud".

      Don't worry about it. In a couple of decades, they'll pretend to something about that too.

    7. Re:Doesn't matter by Anonymous Coward · · Score: 0

      Thanks, Mr. Problem Solver! We'll all just follow your advice and ignore what's going on around us and pretend everything is just fine! You're a genius!

    8. Re:Doesn't matter by davidshewitt · · Score: 1

      Yep, they will. It's still good to have it on paper. The separation of powers in the United States is far from perfect, but we're still way ahead of countries with a single-party dictator.

    9. Re:Doesn't matter by Anonymous Coward · · Score: 0

      We'll all just follow your advice and ignore what's going on around us and pretend everything is just fine!

      That wasn't his advice. Lying about what he said proves that you know you can't argue with what he actually said.

    10. Re:Doesn't matter by whoever57 · · Score: 1

      It's really humorous how anarchist the population on this website is becoming.

      Smart people change their opinions on the basis of new information. Things like the subprime mortgage crisis, citizens united, climate change denial and the revelations from Snowden constitute new information.

      --
      The real "Libtards" are the Libertarians!
    11. Re:Doesn't matter by medv4380 · · Score: 1

      If they don't follow the law and they take you to court there would be a good chance their evidence would get thrown out. Now if you think they'll secret you off to a black sight then maybe you need to consider playing spy better.

    12. Re:Doesn't matter by Anonymous Coward · · Score: 0

      humorous how anarchist the population on this website is becoming

      You say that like less government and more anarchy is obviously the wrong direction for us to push. Please explain.

    13. Re:Doesn't matter by Anonymous Coward · · Score: 0

      Best comment here.

    14. Re:Doesn't matter by tom229 · · Score: 2

      Smart people don't lose objectivity. The government is not a homogeneous entity that requires a single opinion. See my other other post in this thread.

      --
      If it ain't broke, don't fix it.
    15. Re:Doesn't matter by DarkOx · · Score: 1

      yes but what we have established there are a significant number of bad actors. What we can't always do is tell the good ones from the bad. When we can't the safest thing to do is to assume malice.

      Therefore, I would argue the only rational thing to do is a complete house cleaning, rip and replace approach to entire agencies.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    16. Re:Doesn't matter by micahraleigh · · Score: 1

      The Constitution was written assuming politicians would act out of their own self interest (and/or pure evil).

      The goal was to have those mediocre or evil motives translate into helping ordinary people.

      So far it has failed less badly than every other government in the world.

    17. Re:Doesn't matter by RoknrolZombie · · Score: 1

      At best you have varying levels of incompetence competing for survival and trying (in vain) to do the right thing.

      As we have seen time and time again, however, there are an abundance of self-serving people that have taken a job nobody else wants. They do as they choose, and when it's "wrong" they get the support of their cronies. Now, I have to wonder why their cronies would be so willing to go out on a limb for them? Is it because they're such nice guys? Is it because they think they might find themselves in a similar situation?

      How many pedophiles, murderers, and swindlers are currently holding high ranking offices?

      Sorry bro, I'm not about to trust these fucks any further than I can throw them. When they SAY they want to do something "decent", I'll wait until I see some actual follow-through and not just swallow what I'm told.

      Lastly - blindly trusting those that have historically (and continue to) lie[d] to you reeks more of religion than being skeptical, to my mind.

    18. Re:Doesn't matter by nmr_andrew · · Score: 1

      Why do you assume that their motives are altruistic?

      I certainly won't assume their motives are altruistic. I'd be surprised if the main reason this passed ISN'T because some relatively large number of congress critters and/or their powerful friends have quite a few things to hide in their emails.

      That doesn't, however, automatically mean this act is bad. To know for sure one way or the other, we'll have to wait until we see what changes get made and riders get added by the Senate and then in committee.

    19. Re:Doesn't matter by tom229 · · Score: 1

      I'm not talking about blindly trusting anyone. In fact, what I'm talking about is not blindly doing anything. Be careful you don't get so angry and distrustful you end up on the opposite, but still other, side of right.

      --
      If it ain't broke, don't fix it.
    20. Re:Doesn't matter by Anonymous Coward · · Score: 0

      yes but what we have established there are a significant number of bad actors. What we can't always do is tell the good ones from the bad. When we can't the safest thing to do is to assume malice.

      This is exactly the views of law enforcement personnel, and the explanation of why we the people are treated as criminals and terrorists by our government.

  4. ..it requires a warrant they never have to reveal the existence of? That will work well.

  5. Re:Why? by sims+2 · · Score: 1

    what? iirc gmail (for example) keeps deleted email up to one year after it's deleted.

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    Minimum threshold fixed. Thanks!
  6. clap....clap....clap by rmdingler · · Score: 1
    About all we have going for us is that we live in a representative republic, and occasionally, the people who work for us have to do the right thing.

    Good for us! Vote early and often. Pretend this shite matters. Preserving rights and improving one's government is the very best legacy that can be left to your children, grand or otherwise.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  7. any other... exceptions? by Lead+Butthead · · Score: 1

    What other exceptions and riders did they wrote into the bill for themselves or their enforcers?

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    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:any other... exceptions? by Anonymous Coward · · Score: 0

      1. This law does not apply to government agencies who request the data.

      2. If the government finds this law to be too burdensome for law enforcement or intelligence agencies, it may simply modify it by a special request to the executive branch, without having to be modified by Congress.

      3. These riders will NOT be available to be seen by anyone but the government.

  8. Republicans always stand against public safety by Anonymous Coward · · Score: 0

    They put the Constitution above the people.

    1. Re: Republicans always stand against public safety by WindBourne · · Score: 1

      No they don't. It was the GOP that crafted the US patriot act and then cut back on NSA oversight. What the GOP does is APPEAR to support the Constitution when their followers scream about it.

      --
      I prefer the "u" in honour as it seems to be missing these days.
  9. Re:Why? by Anonymous Coward · · Score: 1

    You obviously have no idea what you're talking about.

    You think that the NSA is looking through your actual "inbox"? Idiot. They are INTERCEPTING the data...by the time you've deleted anything they've already got a dozen copies. Dumbass.

  10. Re:Why? by The+New+Guy+2.0 · · Score: 1

    That was the offer of IMAP... just leave it all on the server. See what that brings us?

  11. Also requires disclosure of ISP subscriber by Anonymous Coward · · Score: 0

    (2) SUBSCRIBER OR CUSTOMER INFORMATION.—A provider of electronic communication service or remote computing service shall, in response to an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or any means available under paragraph (1), disclose to a governmental entity the—

    “(A) name;

    “(B) address;

    “(C) local and long distance telephone connection records, or records of session times and durations;

    “(D) length of service (including start date) and types of service used;

    “(E) telephone or instrument number or other subscriber or customer number or identity, including any temporarily assigned network address; and

    “(F) means and source of payment for such service (including any credit card or bank account number);

    of a subscriber or customer of such service.

    1. Re:Also requires disclosure of ISP subscriber by BitterOak · · Score: 1

      Does this require that service providers retain that information, or does it just require that they turn it over if they have it? The law looks pretty broad, covering not only ISPs but any "remote computing service". Does that mean that anonymous services can no longer be offered? Does it require ISPs to retain logs of IP address assignments permanently?

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    2. Re:Also requires disclosure of ISP subscriber by BigU+03C0mpin · · Score: 1

      Does this require that service providers retain that information, or does it just require that they turn it over if they have it? The law looks pretty broad, covering not only ISPs but any "remote computing service". Does that mean that anonymous services can no longer be offered? Does it require ISPs to retain logs of IP address assignments permanently?

      If you, instead of being lazy, click through to the congress website and actually take the 5 minutes of your life it'll require to read the text, you'll see this is purely updates to the existing act. This is literally just editing the original bill so that wording encompasses modern/digital services.

      I looked for any riders or other amendments, can't seem to find anything nefarious, but it was mostly a quick and dirty look to get the gist.

  12. Sometime fear is a wonderful thing by shanen · · Score: 1

    What? Congress did a possibly good thing?

    Yeah, but only out of cowardice. They're each terrified their own email might be abused. Sometimes bad motives like fear can produce good results, eh?

    However, if you wait until the public isn't looking (which will take about 7 minutes given the current conditions) they'll add the rider in the fine print that the legal protections only applies to their OWN email (and perhaps the email of their campaign donors and future employers).

    Still government of the corporations, by the lawyers, for the richest 0.1%.

    Same as it ever was, and remember not to eat the yellow snow.

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  13. Why remove showing a warrant? by Anonymous Coward · · Score: 0

    I don't understand why law enforcement objects to informing the subject of a legal warrant after ten days. James Comey, director of the FBI, claims that access to someone's email can instantly solve all crimes without any further police work required.

    1. Re:Why remove showing a warrant? by sims+2 · · Score: 1

      Why not make it one year?
      That way its ridiculously long and they would at least have to notify you eventually.

      --
      Minimum threshold fixed. Thanks!
    2. Re: Why remove showing a warrant? by Anonymous Coward · · Score: 0

      You know, they always have all of the evid ce when they ask for a search warrant, and consequently, there's n ver any more evid nice that you migh hide if you know they're looking. In fact, if you're guilty as sign, you'd never use that warrant as a trigger to go run.

      Are you really that fucking stupid?

  14. Madame Vice President by PopeRatzo · · Score: 1

    In other political news, Ted Cruz just announced his selection for vice president:

    http://cache3.asset-cache.net/...

    --
    You are welcome on my lawn.
  15. Re:Too little too late for Hillary by AK+Marc · · Score: 2

    They've been saying that for more than 20 years now. How's that working out? What country are you moving to when she wins the presidency?

  16. The Slashdot assessment isn't correct by Anonymous Coward · · Score: 0

    The bill has NOT been passed by the House yet.

    It has been passed by the Committee on Judiciary and it looks like it should be on its way to the House floor for a general vote. Given that there are 314 co-sponsors it should pass there, BUT as yet that House vote has not happened yet.

  17. we already had such a law! by Anonymous Coward · · Score: 0

    This one already required search warrants.

    1. Re: we already had such a law! by Anonymous Coward · · Score: 1

      Well, see, the law currently says that if you abandon your property long enough that you've given up the expectation of privacy. This makes sense leaving physical items behind, and was applied to email in a time when storage was expensive and etiquette dictated that you not leave your email on the server. But go off with your uninformed rhetoric.

  18. House should stick to medicine by Anonymous Coward · · Score: 0

    ...I'll see myself out

  19. I'm all for it by BlueCoder · · Score: 1

    They could create an international version of the NSA with domestic spying done by other countries agents.

    There is a difference between requiring a warrant and magical folders appearing on your desk and not being able to use it.

    This is not the same as making the government be responsible to preventing foreign intelligence agencies from spying on US citizens.

  20. SMTP is plain-text by Anonymous Coward · · Score: 0

    Doesn't change anything. PRISM can still read your mail as it leaves a server.

  21. This is a mistake. by WindBourne · · Score: 1

    It should require a warrent, iff the email is encrypted. By doing that, it will actively encourage every email client to include encryption AND to make it the default. We need a way to encourage ALL emails to be encrypted.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:This is a mistake. by q4Fry · · Score: 1

      Right, and searching your car should only require a warrant if it's locked in your garage.

    2. Re:This is a mistake. by WindBourne · · Score: 1

      Police can search your car if you have illegal items in the open. When they can NOT search it, is if they have no probably cause. IOW, if they do not see something in the open, then they need a warrent.
      BTW, my reason for suggesting that it be encrypted is to encourage everybody to encrypt. Simple as that.

      --
      I prefer the "u" in honour as it seems to be missing these days.
  22. Re: Too little too late for Hillary by WindBourne · · Score: 1

    Oddly, trash like that live to go to Scandinavian nations. But most nations will take trash like him. Sadly, we are likely stuck with him.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  23. Re: Republicans always stand against public safet by Anonymous Coward · · Score: 0

    Approved almost unanimously by republican and democrat alike, then continued by the current administration for two terms. So what is your point exactly?

  24. What the NSA and Hitlery Don't Want You To Know by Anonymous Coward · · Score: 0

    (preemptive troll mod suicide)... ... is that you could put a server in a filing cabinet.

    Under current law, there are more protections for a letter in a filing cabinet than an email on a server," said Congress

  25. What the NSA and Hitlery Don't Want You To Know by Anonymous Coward · · Score: 0

    (preemptive troll mod suicide)... ... is that you can put an email server INSIDE a filing cabinet.

    "Under current law, there are more protections for a letter in a filing cabinet than an email on a server," said Congresscritter

  26. Re: Republicans always stand against public safet by Anonymous Coward · · Score: 0

    You have NO IDEA of how PAT act passed. It was a HIDDEN VOTE. They did it without anybody being in the congress because so many dems were opposed to it.

    And as one that actually worked on the pat act, I doubt that the current admin had a clue of what was done and how far it had gone. I worked on aspects of it and I had a clue, but it went much further than what I knew of.