In the News

Government agencies should not be able to easily obtain and view Americans’ emails, photos and other personal data without a warrant. Unfortunately, the law that protects private information stored electronically from government searches dates back to 1986, when Congress passed the Electronic Communications Privacy Act (ECPA) – long before the technologies that are ubiquitous today could have even been fathomed by lawmakers. It is long past time we update this legislation.

Though ECPA is broad in scope, trying to apply the law today – which was written when people still relied on typewriters and landlines – is like showing up for a NASCAR race in a Yugo. This technological progress should be celebrated, but we can’t keep out-of-date laws on the books while new technologies drastically change the way we live our daily lives.

Many Americans aren’t aware that under current law, emails older than 180 days aren’t protected under our Fourth Amendment rights. That’s why I have been working to protect Americans’ personal information by helping introduce the Online Communications and Geolocation Protection Act and the Email Privacy Act. The legislative efforts I’m supporting would update ECPA by safeguarding data in an email inbox from warrantless searches in the same way a paper in a filing cabinet is protected. And I believe that requiring a warrant before obtaining geolocation data is just as vital to protecting our privacy.

I also helped introduce the Law Enforcement Access to Data Stored (LEADS) Abroad Act, which clarifies when law enforcement can access Americans’ data stored abroad. In an era of big data, we need to protect consumers while developing an environment where innovative uses of data can help make our lives better.

But without congressional action, Americans’ privacy is at risk, and protectionist data policies from our trade partners could cripple this kind of innovation and put U.S. companies at a competitive disadvantage.

Legislation needs to keep pace with the rapid development of technology as it becomes an ever-increasing part of our daily lives. As a cofounder and chair of The Internet of Things (IoT) Congressional Caucus, I hope to help educate my colleagues on the privacy and safety concerns related to Internet-enabled devices and networks, and how IoT will affect our lives into the future.

Today, our businesses are producing countless everyday objects that are connected to the Internet, and collecting data. And we’re buying them up. These refrigerators, vehicles, thermostats and wristwatches are innovative and incredibly useful, making our lives easier and more efficient. But their creation also presents the risk that we’ll quickly fall further behind in protecting consumer privacy. The increasing prevalence of IoT could make it easier for cyber-criminals to wreak havoc and invade our privacy, for example, by hacking into our vehicles or monitoring our children’s movements.

We’re connecting too many unsecured devices to the Internet. It’s terrifying to think that someone other than a parent can gain access to a baby monitor or that someone can remotely take control of your car.

That’s why it’s important our laws keep up with technology. We all know innovation is a critical component of our economy, but if Congress continues to maintain 30-year-old laws that fail to reflect the rapid changes in technology, our businesses will be at a competitive disadvantage and our consumers will suffer from the uncertainty surrounding who can access their data.

Clearly, ECPA no longer adequately protects our privacy. I’m fighting for the necessary updates to ensure privacy protections are extended to our digital data, foster technological innovation and encourage consumer confidence to build economic growth and opportunity. Now, nearly 30 years later, it’s time for Congress to rewrite ECPA for generations to come.