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
2016: Year In Review
The state of the Internet’s infrastructure remains strong; every aspect of the Internet has continued a rapid growth rate throughout 2016.
i2Coalition at IGF 2016 in Jalisco, Mexico
i2Coalition representatives are speaking at the IGF 2016: Enabling Inclusive and Sustainable Growth in Jalisco, Mexico Dec 6th-9th 2016.
Save The Date 2017 Congressional Member Fly-In
i2Coalition Members and guests please join us in Washington D.C. April 11th and 12th 2017 for our annual Congressional Member Fly-In.
2016 U.S. Election: An Internet Forecast
The unexpected election of Donald Trump, along with continued Republican control of both houses of Congress will have a big impact on our US priorities.
Join Us At SXSW 2017 With These Two Panels!
Please join us for panels on government access to data and internet governance at SXSW 2017.
i2Coalition Commends Congressional Letter on Rule 41 Expansion
Congress has sent a bipartisan, bicameral letter to Attorney General Lynch requesting information regarding the amendments to Rule 41.