Issues:Â Privacy
Access to customer information from Internet infrastructure providers should follow due process of law.
In some instances, law enforcement agencies have a legitimate need to access personal online data—but government access to data must be preceded by due process procedures set out in the 4th Amendment in regards to search and seizure.
United States law is clear on the privacy of phone calls and other non-digital communications: government officials and agencies need a search warrant based on probable cause to gain access. However, such protections don’t extend to email.
A warrant is needed for messages located on the computer of a sender or receiver, but messages older than 180 days can be obtained from the servers of Internet infrastructure providers and other third parties with only a subpoena or court order. A court order can be based on a standard lower than probable cause, and many agencies can issue themselves a subpoena without an outside judge.
Recent Updates On Privacy
Day of Action Today: ECPA Reform!
Updating the Electronic Communications Privacy Act (ECPA) has been at the forefront of the i2Coalition’s Public Policy priorities since we launched more than a year ago. We are all keenly aware that ECPA is in need of reform. Technology has significantly advanced since the legislation was enacted in 1986, yet the law remains unchanged. One of […]
The Difference Between the NSA and “Everyone Else”
The following post originally appeared on The WHIR. A frequent statement making the rounds among those debating the PRISM disclosures is that most every other country’s intelligence agencies do the same thing. While I don’t doubt that they do, and in some cases expect that their activities are more intrusive, the revelations about the NSA […]
i2Coalition Urges Surveillance Panel on Greater Transparency, Multistakeholder Process
The i2Coalition has been at the forefront calling for greater transparency and privacy protections concerning the U.S. government’s surveillance activities. The likely economic impacts from the government’s program have yet to be fully realized though estimates already predict a $35 billion loss in revenue over the next three years for the U.S. cloud computing industry. […]
Why the Internet Infrastructure Coalition is Essential in the Post Snowden World
The Internet Infrastructure Coalition brings together the diverse community that builds the physical Internet. Though the Internet Infrastructure industry is generally thought of as a group dominated by large telecommunications firms and a few dominant Internet powerhouses, the companies that build and provide the vast majority of the world’s Internet infrastructure are small to medium-sized […]
i2Coalition Joins in Re-Launching ECPA Reform Effort
Reforming the Electronic Communications Privacy Act (ECPA) has been a public policy priority for the i2Coalition since we launched one-year ago. The outdated law was enacted in 1986 and despite considerable technology advances since that time, the law is largely unchanged. ECPA creates technologically outdated exceptions to the Constitution’s requirement of a warrant. This exception […]
Top 10 List: i2Coalition Celebrates One-Year Anniversary
When we established the i2Coalition in September 2012, we had several main goals, including educating the policymakers, opinion leaders and the public about the Internet Infrastructure industry and establishing ourselves as the principal voice and leading advocate for our industry.