NAAUSA is participating in the ongoing Congressional debate over modernizing the Electronic Communications Privacy Act (ECPA) and is working to assure that Congress considers legitimate law enforcement and civil enforcement needs in any rebalancing of the law to satisfy privacy expectations.

NAAUSA President Steve Cook was invited to testify at the House Judiciary Committee hearing on December 1, 2015. NAAUSA agrees that imposing a warrant requirement for the government to secure stored email in a criminal investigation is appropriate as a general rule. Stve's written testimony concluded that "The Email Privacy Act, unfortunately, goes much further and in the process creates more problems than it solves.

In conjunction with your above-referenced September 16 hearing, I write to express our concerns over the foremost Senate proposal amending the Electronics Communications Privacy Act (S. 754) and ask that these comments be included in the record of your hearing.

This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA.