And those are very difficult and challenging things. Its not a large solution to every piece of it. They want to continue to address some of the challenges. I think theres more to be done there. Moving to a different servicer affords a different opportunity and some other tools to be able to move it. There is work to be done there, and nsi extension was certainly part of that, the neighborhood stabilization. And i think its also about treating different buckets of delinquent loans even differently. Selling off decent condition notes is very different than selling a bunch of vacants. We havent seen real different treatment from the bulk sales programs. Going forward, maybe we do trstop that a little bit more. If your fha and servicers cant, or you dont want to do principal reduction, there is this idea that the note buyers getting a discount will be in a better position than economically incentive to do principal reduction. But right now we dont have a requirement that they do that. Similarly, doing a half pra down to 115 might be fine in one area. But if youre in an area where home values are stagnating or still declining, maybe you really want to get that person down to 90 or somewhere else to really make sure modification works. I wanted to thank this panel. I wanted to thank all of you for being here. Thank you. Coming up next here on cspan3, a how judiciary meeting on email privacy, followed by a discussion of bulk collection of telephone data. At 5 45, a hearing on the proposed merger between anheuserbusch and s. A. B. Miller. Tonight on American History tv in primetime, congressional history, beginning with Senate Majority leader Mitch Mcconnell on former kentucky senators happy chandler, earl clements, and thusruston morton. And at 10 30, the history of the Dirksen Senate building. Thats all tonight on primetime, beginning at 8 00 p. M. Eastern. Three days of featured programming this Holiday Weekend on cspan. Friday evening at 7 00 eastern, congressional leaders honoring dick cheney at the capital with the unveiling of a marble bust in emancipation hall. When the Vice President had his critics going off the deep end, as they often did he asked lynn, his wife does it bug you when people refer to me as darth vader . And she said no, it humanizes you. [ laughter ] saturday night at 8 30 eastern, an indepth look at policing in minority communities. Speakers include former st. Louis Police Officer redreddit hudson. Most people get defensive if they feel like youre being offensive. So being very respectful in encounters and request if its not a crisis if its not a dangerous situation, request versus demand. Those things change the dynamics a little bit. And sunday afternoon at 2 00 race and the criminal Justice System with Valerie Jarrett and others. At 6 30, portions of this years washington ideas festival. Speakers include virginia senator mark warner former Vice President al gore and author ann marie slaughter. Weve got to banish the word hes helping at home. Helping is not actually taking the burden off you. You are still figuring out what needs to be done. And you are asking him to help. He is not the agent. Hes the assistant. And if were going to get to where we need to go men do have to be lead parents, or fully equal coparents. For our complete schedule, go to cspan. Org. Arthur brooks discusses his latest book, the conservative heart. How to build a fairer, happier america. The trip believe it or not is the one that should be the easiest, which is to get happy. For any human being who wants to reach a level of integrity honesty and decency as a Long Distance runner youve got to kill something in yourself, fear. Youve got to kill something in yourself. Your obsession with position and status and wealth. Followed at 9 00 p. M. By john danforth, author of the relevance of religion, how faithful people can change politics. Religion does point us beyond ourselves. And for faithful people, the whats in it for me, the me is not central. And then at 10 00 p. M. Senator Claire Mccaskill talks about her book plenty lady like, a memoir about her Life Experiences in government. I dont think we do anybody any favors by trying to dress up politicians as if we are not real human beings that have made major mistakes. And had major problems in our lives. Saturday evening at 7 00, a Panel Discussion on National Review founder william f. Buckley jr. s run for new york city mayor in 1965. At 11 00 p. M. , winston broom discusses the generals, his latest book. One of the first questions i usually ask when i do a tv radio show is why did you choose these three men from the Second World War . My answer is that they embodied, i believe, super characteristics of courage, character and patriotism. On sunday night at 8 00 author david patrusia looks back at a turning point in World History in 1932, the rise of hitler and fdr. At 11 15 p. M. Eastern alisa katz discusses her book the influence machine the u. S. Chamber of commerce. Theres a reason i chose the chamber of commerce as a subject for my book. And its because the Single Organization really summed up the story of how we got here to this place. This Holiday Weekend, watch book tv on cspan2. The House Judiciary Committee recently held a hearing on email privacy with government officials and a representative from google. They took a look at the email privacy act, which would require the federal government to provide a warrant when asking companies to turn over consumers email records. This is just under two and a half hours. Good morning. The Judiciary Committee will come to orderer and without objection the chair is authorized to declare recesses of the committee at any time. We welcome everyone to this mornings legislative hearing on hr699, the email privacy act. Ill begin by recognizing myself for an opening statement. Todays hearing examines hr699 the email privacy act and the need to modernize the Electronic Communications privacy act or eckba. In enacting it nearly 30 years ago, Congress Declared the laws purpose was to achieve a fair balance balance. Reforming this decadesold outdated law has been a priority for me as chairman of this committee, and ive been working with members of Congress Advocacy groups and Law Enforcement for years on many complicated nuances involved in updating this law. I am pleased to hold this leading proposal in the house and to examine in more detail the nuances Congress Must consider in updating this law. While technology has undoubtedly outpaced the law in the last three decades, the purpose of the law remains steadfast. I am confident that congress will once again strike that balance and do so in a way that continues to promote the development and use of new technologies and services and create a statutory framework that will modernize the law to reflect how people communicate with one another today and in the future. Ecpa reform has broad sweeping implications. Ecpa and more specifically the stored Communications Act governs federal, state, and local government access to stored email account records and subscriber information from telephone, email and other Service Providers. Ecpa not only applies when Law Enforcement seeks information in a criminal investigation, but also in civil investigations and for Public Safety emergencies. Hr699 at its core establishes for the first time in federal statute a uniform warrant requirement for stored Communications Content in criminal investigations, regardless of the type of Service Provider the age of an email, or whether the email has been opened. I support the core of hr 699, which would establish a standard that embodies the principles of the Fourth Amendment and reaffirms our commitment to protecting the privacy interest of the American People. However, our adherence to the Fourth Amendment should not end there. Congress can ensure that we are furthering the legitimate needs of Law Enforcement through ecpa reform by joining with the warrant requirement recognized exceptions and procedures designed to further the legitimate needs of Law Enforcement. One of the goals of this legislation is to treat searches in the Virtual World and the physical world equally. So it makes sense that the exceptions to the warrant requirement and the procedures governing service of warrants should also be harmonized. It is well settled law that the government may conduct a search in the absence of a warrant in certain instances. Including when the government determines that an emergency exists requiring the search or when the government obtains the consent of the owner of the information. The stored Communications Act, however, created a framework unique to the electronic world in which even in an emergency or with the consent of the customer disclosure of email content, or even noncontent records is voluntary at the discretion of the provider. It is also wellestablished law that a search warrant must be served at the place where the search or see sure occurs. For three decades, ecpa warrants have been executed with the provider because as with any other Third Party Custodian the information sought is stored with them. Hr699 would now require the government to also serve the warrant directly on the criminal suspect. A proposal which has raised serious Public Safety and operational concerns across the Law Enforcement community. Congress should also ensure that they are able to obtain communication for civil violations of federal law. Courts have routinely held that subpoenas satisfy the reasonableness requirement of the Fourth Amendment. Unlike a warrant which is issued without prior notice and is executed without force with an unannounced physical intrusion, a subpoena commences an adversarial process during which the person served with the subpoena may challenge it in court before complying with its demands. The stored Communications Act currently authorizes the issuance of a subpoena directly to the provider, albeit with a requirement that the government notify the customer. But congress can go further to ensure that ecpa satisfies the fourth requirement by requiring that any civil process authorized by the law begin with service of a subpoena directly on the customer. In this context, the customer has provided notice and the opportunity to contest the subpoena. Enforcement of the subpoena through a court order issued by a federal judge that protects the rights and privileges of the customer while ensuring that evidence of illegal activity is not insulated from investigators would afford heightened protections beyond that, which the courts have deemed necessary to comport with the Fourth Amendment. Congress has enacted laws that impose penalties for certain conduct, sometimes criminal penalties and sometimes civil. We have established federal agencies to enforce these laws with the tools necessary to carry out that enforcement. Congress should ensure that in its efforts to modernize ecpa, we do not eliminate access to evidence of violations of federal law, simply because congress chose to make those violations punishable by civil penalties. I want to thank our distinguished witnesses for being here today and i look forward to hearing from each of you on hr699 and how to properly balance the privacy expectation of american citizens and the legitimate needs of Law Enforcement. And i look forward to working with all members on both sides of the aisle to modernize Electronic Communications privacy act. It is worth noting today that we also plan to hold a separate hearing in the future on the issues surrounding Law Enforcement access to information located on servers outside the u. S. As with the broader topic of ecpa reform that is an issue with many nuances that we need to carefully examine. I would now like to ask unanimous content to enter the following items into the record. A statement dated december 1, 2015 from the department of justice. A letter from the federal bureau of investigation Agents Association dated november 24 2015. A letter from the National Association of Police Organizations dated november 30 2015. A letter from the association of prosecuting attorneys dated november 24 2015. A letter from the Virginia Association of commonwealth attorneys dated july 10 2015. A letter from the Technology Councils of north america dated november 30, 2015. A statement from americans for tax reform dated december 1, 2015. A Coalition Letter signed by tech fredom and other Coalition Members dated november 30 2015. Without objection, the items have been entered into the record. Now its my pleasure to recognize the Ranking Member of the Judiciary Committee, the gentleman from michigan mr. Conyers for his opening statement. Thank you chairman. Members of the committee and our honored witnesses here for the hearing. And those who are in 2141 to participate in the listening of this very important measure. Hr699, the email privacy act enjoys, im pleased to say, the overwhelming bipartisan support in the house. As of this morning, the bill has earned 304 cosponsors. 191 republicans, 113 democrats, and 27 members of the House Judiciary Committee. Now, what do all of these members have in common . First of all we agree that the first of all, we agree that the Electronic Communications privacy act is outdated and provides unjustifiably inconsistent standards for government access to our stored communication. This statute continues to serve as one of the main guarantees of our Digital Privacy but the law was designed in 1986. When few of us used email, and even fewer imagined a world in which we could so freely share information online. The consequences of applying a 30yearold understanding of technology to modern communications are inconsistent at best. For example, the law seems to apply different standards for government access to the same email at different points in its life cycle. When its drafted, when its transmitted, when its opened by its recipient and when it is archived in the cloud. We are not well served by a law whose application is unpredictable and that the courts have had great difficulty in interpreting. Because of the rapid pace of technological change this situation will only get worse if we do not act. Secondly, the sponsors of this bill agree that the government should be obligated to show probable cause before it can provide a before a provider to disclose the content in its customers mail. No matter how old the message is. This standard is consistent with the holding of the 6th Circuit Court in 2010. That case motivated the department of justice to voluntarily adopt warrants for email standard. It also effectively ended the unconstitutional use of subpoenas to compel third parties to produce content in Civil Enforcement actions. Current law requires the government to show probable cause and obtain a warrant only for email that has been in storage for 180 days or less. But the government can use and subpoena for the same email if its stored for one day longer. This is no longer acceptable to most americans. As the 6th circuit rightly observed citizens have the same reasonable expectation of privacy in their email before and after the 180day mark. And as the department of justice testified soon thereafter there is no principal basis to treat email less than 180s old differently than email more than 180 days old. Thirdly, the sponsors of hr699 all agree that current law is not adequate to protect new forms of digital communication. Content is content. Our expectation of privacy does not diminish merely because congress didnt think of the medium when it last visited this statute. The law should protect Electronic Communications across the board email Text Messages, private messages of all sorts and other forms of Digital Information stored in the cloud. Finally the sponsors of this bill agree that we must act without delay. We have an obligation to provide clear standards to