NAAUSA Testimony on Reforming The Electronic Communications Privacy Act
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. First, and most importantly, the Email Privacy Act creates unprecedented and unnecessary barriers to this often lifesaving information—barriers that substantially exceed what would be required to search any other location, including the search of a home. Second, the Email Privacy Act will further complicate an already confusing area of the law by creating internally inconsistent definitions and layering more unfamiliar, unprecedented and unique legal requirements. Third, the Email Privacy Act does nothing to address the antiquated, inappropriate, and confusing provisions of the existing version of the SCA."