It needs to be protected. Provider to get it without the password and often they i will stop there. Kiam. That is what is called thank you. Compelled consent to an i want to pick up on what katie artificial concept. Was just talking and to give not to push it too far but richard a chance to talk a little bit about the issue of that is the safety valves civil investigation, what that already in the law that this reform would not change. Would mean for several agencies at the end of the day we conducting investigations. First, if either gm or katie should not disfavor the use of the clouds services. Could talk about possible worker rounds i understand that could if you take a vintage jazz be a sticking point. Of the of flexibility or what are some of the other better security, back up, a possible worker rounds. Collaborative to shared documents against a and enterprise to take a vintage you somehow give up your privacy rights at the end of they have subpoena power. The day you are traditionally have served there disadvantaged the and if you subpoenas on the targets of tried to maintain your own their investigations or other people who may be the senders data. Are receivers of letters our email or documents that may be relevant to an investigation. The Heritage Action for america wrote and said we and the process has always been will codify these procedures that the Regulatory Agency and make it Crystal Clear we serves those subpoenas. The recipients of the subpoenas, the people who created the have not heard back yet i record, the account holder, sender or recipient of the dont know if that letter letter, of the email goes found its way yet but with a through all of their files in their possession or control, proposal that would make it meaning everything they have locally and anything they have removed restored. Clear the traditional forms he pull it all together, go of access to our preserved through it and determine what is relevant and make a production with up backandforth of to the government. Motion to compel process and the government feels that you have not fully produced, if they consent would be preserved. Feel your withholding, the government makes a motion to with the interest of time compel, conduct further inquiry i just want to ask one more into what kind of record you might have to make a two additional witnesses or parties in the case. Question with Location Information up the topic of and through that adversarial process, through that motion to legislation. Compel process the production is to be held unanimously defined, the scope of the lawenforcement attachment of the gps device to a car a prejudice to find, and the person is compelled to disclose and the use to monitor their own data. Someones activities over a. [u period of time implicated the fourth amendment. It is not clear from that decision what that means for the collection of other types of Location Information but it might be helpful to briefly talk about with the investigative tools and the other issues. Location information is a complex subject that could to merit its own hour of discussion. To touch on a few issues we may have to schedule another briefing for that. 1. To make is geode location is not one thing. Particularly where a those that you tea and consider in the other person has a genial account Location Information may with stuff to their wife or have coaming gold that could be a huge amount of data. Only tell you what country you are in. It is my view the sec and there is information you other agencies should not voluntarily give god you have that end run. Announced your location. It cannot open letters. Maybe not. If in the routine course of with king up the postal business it is kept by the service, telephone, now the provider. Some is not. There are some sorts of ways email that the agencies that this needs to be never had the ability to treated carefully to open postal mail. Consider the needs for the civil agencies this is the difference between of Public Private safety and civil liberties. Civil and criminal justice i will say that the current agency. The things that congress and the state legislature has rules are fairly complex but said these are crimes that carry the criminal powers if i can give you a couple of points i can leave you opening mail, tapping phones with fat and i am happy to , we have no warrant speak about that as well. And bust into the door if the person does not open or for example, the not precise cooperate. Information that identifies that is the criminaljustice powers. Those have never been held which tower your phone has been used to communicate by the civil regulatory with is kept for rolling and agencies. They cannot get search warrants or tap phones. Billing. With the criminal violation it is not terribly useful of the security law and the Justice Department a and fbi Work Together than they can but can be useful to show but that is on the criminal side. Of the civil side the someone was near the scene of the crime not to across process between the town with his alibi part of regulator and regulated that is obtained by a court fight it out for what could be disco disclosed we order by Law Enforcement that is the independent magistrate that evaluates think those same rules the evidence and decides to should apply in the digital issue the order. World. Search warrant or wiretapper more precise gps level criminal powers. Informations where a subpoena motion to compel kidnapping victim maybe and adversarial process between the two parties is civil. You need that on the future ongoing basis is generally i want to see if richard obtained by a warrant at this time. The same kind of search wanted to do talk about the warrant for the content of distinction . As we they doubt with other sorts. That is a brief primer. Testimony be last year, the department has i am happy to take questions taken a careful look at the i want to do give jim an situation weather warrants should be required for chance to Say Something content and we appreciate first. It is a complicated question but on this little the appeal provided congress sheets of the members of due process and the reform principles of the has contingencies for limited functions for which coalition, number one is the award for content h. R. 1852a that would pose a problem. And number two is the one of the things weve recommendation by and large pointed out is the issue weve moved to the warrant that we have been discussing for the standard of sell to here with the basis for our Location Information that. We believe it is important and there are three pending bills of that federal listed there is some accommodation or mechanism to allow the best ticket investigative fall of them bipartisan. Authorities of the the issue is in some cases information that is offlimits and impossible to obtain. This hill tower could cover a very large area. How that works is something in some cases the tower in we have not taken a Firm Position by can imagine how we satisfy a concerns and than i can cover a very small area. Certainly historically thirdparty subpoenas are what the wireless providers have been doing is getting more customers in favor of available to get the evidence where the evidence might be obtained or located the advertisements to has few were dropped calls. Through banks or other witnesses in our fully they have been building more and more towers including compliant with the fourth amendment. Those cover smaller and smaller areas. Your part of the Investigative Agency so the average self the user investigating a terrible oil spill. A environmental violation or cellphone user where it a civil rights violation where the landlord is accused of animus with covers a relatively large area of the com downtown to public housing. What do you do . Go into an Office Building you may issue a subpoena. Most of the time that person sometimes just for a floor. Will respond to the subpoena i say gps that the but what about the situation government agrees requires a where they wont . Or would there be a warrant it does not work in temptation to delete what is the subway but my cellphone does. How is that . Stored . What happens in that because the cell phone situation if they denied companies have put the towers in the subway station to service your cellphone. That is there account . Is that available to correct this situation . Sometimes that data is very weather that could be accomplished is one paying broad and sometimes it is but what if the option to very specific sometimes it come in and contest it . Locates a person in what is a private space a protected if they have the ability to raise issues of privilege or space in their home or other parts excluded war apartment or office. Since the government will whatever restrictions you never know if they track would like to see including personal for time they will issuing protective orders to make sure there is no undue not know how granular the data will get the better privatisation beyond that situation. Approach is to get though warned. The courts are all over the the Department Position ballpark but the blue george stated last year we think there is considerable merit but we want to make sure of the courts require a there are appropriate warrant. Exceptions where agencies different breakdown pretty cannot get a warrant. Much the opposite end have i will touch on one thing mentioned sharing between not required a warrant for civil and criminal to be the sell to our data that there is no difference clear it is not possible to between tracking a person have a civil side case to be opened to obtain they cannot prospectively 30 days versus going back 30 or 60 or 90 ask a criminal case be days to find out where they were as they traveled. Opened so that is not a bills were introduced. Viable solution either. We support reform including addressing and clarifying the question of location. You describe some of the limitations. For this year and none of those bills the bill in the i have a few comments. Senate the bill in the house of the fading is it is not has attracted the most off limits to use civil attention is content only. Agency is. The one thing that can be they can subpoena the person done is addressing the content question that is a who created the document they just can subpoena us glaring deficiency of the statute the location data Third Party Service provider. That would be criminal but would you do about the socalled one time payments they would be able to go. Or where you simply demand but those from the personal those that are in touch with email they could send of the certain tower at the time of the crime that pose preservation order to the providers ibm using they says issues . Will hold that information it is only a short period of so they could send the data time as opposed to one person tracking them over what the Service Providers have. They could do though order time to read one separate standards . To compel where they think i in a way there have been in have not shared that the hearings on this but we have not dug into the information were go through necessary detail on that to other Court Proceedings are be held in contempt of get it done with this court. For investigative agencies congress. You get the information if i i will leave it there. I just want to make one more dont comply it just takes comment before open questions. Here in the house werent more work if they could just subpoena the third party. For content has 200 to go back, the fact is the cosponsors. It should have more. I think the house has an government already has your information if i get to the opportunity to pass a bill that does not leave the post privilege or protection it is already out there. Office under suspension. This is something powerful. That i have not been able to sort through first. If you are one of the people you think nobody is looking. Who want something done about and this day for but they still have the ability to have looked at getting a. It. It needs to be protected. This is the low hanging fruit. If youre congressman wants somebody could have already to show he cares about seen your private stuff. With the civilrights americas privacy he better be on this and there should violation you could look at be a vote to show who supports americas privacy everybody in the building if and who doesnt. The landlord does not agree approach that makes it clear who cares about the fourth there is a procedure in amendment because it is a order to get to his male by demonstration of how important privacy is a and the first set to strengthen issuing a preservation the First Amendment with the order. There are avenues just not additional environment. With that impassioned as easy. Respectfully disagree. Note we will turn to questions review would not mind coming up to the of preservation order is helpful to make sure the microphone please. Data is not deleted but there is no mechanism to get can you comment on the it at the end of the day. Oral arguments from the Supreme Court for the cellphone search cases . Second, it may well be the individual does notnl have also the ability of the access perhaps the first courts to keep up with the pace of technological he goes to delete his account. Change . Will we need the updates every year or every five maybe it is just deactivated years . Or they wisely put in the. Preservation order first you cannot compel someone that they do not have access to any lunker. Is this ongoing litigation i cannot comment. [laughter] the search of the cell phone and wrongdoers can can is still is the different topics and what covers put on limits to prevent information at the provider. Access to that information with the exception to the that is almost a tradition of fourth general warda rule. Amendment issue with the with the preservation exception to the warrant authority a civil or requirement. Generally when the Police Conduct the rest that criminal agency or a Regulatory Agency can issue the preservation of order to process with the authority that they have to rest the person based on their put it in a separate file a observation carries with it and keep it there. That could be issued before the subpoena before the to search the person for any investigation is open. Weapons of the paramount that is the earliest stage interest that he could before the target has any hint they have come within the scope of the interest. Destroy a jury the course of you freeze it first then issue the subpoena and the the of restive the questionnaire argued before the Supreme Court on tuesday reform proposals to get the is does that exception account identifying extent to searches of cell information at the end of phones and other Electronic Devices . I am not sure. The second the day this is the question, sometimes the courts will give us the adversarial fight between the two parties but that is answer a and clarity. The way it has spent for sometimes it is up to congress. Those whole history of the regulatory state. We see constantly going back and forth between congress the end of the accords. Both institutions need to understand the technology to recognize the way it challenges traditional statutes or case law. In terms of the update of ecpa if we took away the content rule that would be durable. Currently it is not doable. Much we could fix that. Location tracking with more effort we could fix and that would be durable. Down the road there may be new technology to access that we dont anticipate now but what the courts are grappling with with no pending legislation is the issue of you did to with the front page of the Washington Post that goes to the scope of the warrant. Even if you have one the authority said digital environment vastly broaden his the scope of that search now going to the thirdparty Service Provider or a persons hand held the vice you can get far more information van with a traditional physical world search. Grappling with a question how to read narrow with the execution of the warrant in the Digital World . How to be extended to them and where you have thirdparty providers who bears the burden . Who is responsible for sorting through the vast amount of data that may include your relevant personal data not relevant to to the investigation there will be a lot of issues to be addressed some by the courts and some by congress. With a footnote the litigation edmonton dick and from the Washington Post. I am barred from that but there is the filing of the brief of the case and i brought a couple copies if anybody is interested. It probably will not have a persons name. It is related to to redacted. [laughter] application that is ongoing. But i can show you. I am not wedded to percent sure what the underlying matter is put the issue is more about the collection of evidence over the substance of the crime. Jim, you were describing how the sec was with the attitude that you may or may not degree with but with richard to find a line to draw some rather rather than regis have to get those agencies a carve out. Is that accurate in the the initiation in . Given that we talk about the sec as it is applicable including the irs event how consequential this is. That is a good point in fairly talking about the sec but it for a dissident to all the eliot the federal level but also of the state and local. I feel we have been that they will be losing something if a warrant is codified. But you never really had access to the data in the cloud. It did not exist until about five years ago. Regulatory agencies have done their work biden with the subpoena power, the motion to compel the consent process the preservation order, a subpoena access to the identifying information. All of those tools remain available to them if this reform is enacted. They would not be precluded. Nothing is off limits. No part your data here to avoid compliance but what does it take for the government to get it and would then agency have of wiretapping type power a search and seizure types that they have never had . We try to make the bill as clear as possible to say there would be no curtailment of the traditional powers to get