Advanced and as electronic data and storage have augmented traditional means of communicating and storing information, governmental access to data is more important. Ecpa is critical to tracking down criminals in investigations into murder, kidnapping, organized crime, child exploitati exploitation, Identity Theft, terrorism, and more, but criminal investigations are only a subset of the circumstances in which ecpa applies. The statute applies when the government acts as a civil litigant. We agree that notwithstanding several updates to ecpa the statute draws some lines that do not account for the development of technology and the ways in which we use electronic and stored communications today. For example, theres no principled basis to treat email less than 180 days old different from email more than 180 days old. Theres no lesser protection to emails that have been opened to emails that remain unopened. How to account for changes the technology while maintaining privacy protections a
Isp is compelled to produce the information. Indeed when seeking email content from isps in the past, the division provided notice to email account holders in keeping with long standing Supreme Court precedent. In the legislation was so structured, the individual would have the ability to raise with the court any privilege or concern before the communications are provided to an isp. While civil Law Enforcements may have a limited avenue. Such a judicial proceeding would offer greater protection to subscribers than a criminal warrant in which subscribers receive no opportunity to be heard before communications are provided. Thank you again for the opportunity to be here today. We look forward to working with the kbhcommittees on ways to modernize ecpa. Im happy to answer any questions that you have. Thank you, andrew. Daniel . Chairman grassley, Ranking Member leahy, and members of the committee, thank you. Let me begin by noting that my oral statements and responses to questions are my