While I guess this is good, can someone explain to me how the older law is not without-any-question-whatsoever in violation of the Fourth Amendment?
The Senate Judiciary Committee voted overwhelmingly on Thursday to require police to obtain a warrant before reading people’s emails, Facebook messages and other forms of electronic communication.
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The vote is a victory for privacy advocates, who argue that current privacy rules are woefully out of date, and Leahy, who has been pushing for the change for two years.
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Under the Electronic Communications Privacy Act (ECPA) of 1986, police only need a subpoena, issued without a judge’s approval, to read emails that have been opened or that are more than 180 days old.
The Fourth Amendment reads as follows:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.