The Senate Judiciary Committee has approved a bill that would update the Electronic Communications Privacy Act, a 1986 law that provides privacy protections for email and digital communications. The update, sponsored by Senator Patrick Leahy (D-VT) and co-sponsored by Senator Mike Lee (R-UT), would extend protections to communications that are stored in the cloud. Earlier this year, the Supreme Court declined to review a decision by the South Carolina Supreme Court which held that ECPA does, protect emails stored on remote computer servers. EPIC, joined by 18 national organizations filed an amicus brief, urging the Supreme Court to clarify the scope of e-mail privacy protections. In March, EPIC sent a letter to the House Judiciary Committee, recommending a comprehensive review of the law. For more information, see EPIC: Electronic Communications Privacy Act and EPIC: Jennings v. Broome.
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by Ryan Calo, A. Michael Froomkin,