Google Demands Privacy Update

 
While most technologies have issued regular updates, the Electronic Communications Privacy Act (ECPA) update is almost 30 years overdue.
The Electronic Communications Privacy Act (ECPA) was enacted by the United States Congress in 1986 to create laws to protect citizens of the US from unauthorized access to electronic communications, such as telephone tracing and wiretaps.
Electronic privacy has become a major issue of late with widespread reports of questionable forces monitoring our phone, text and email communications without public knowledge. Google and other tech industry companies have rallied together to demand an update of the ECPA and the unwarranted surveillance that the act allows. You can see the Electronic Communications Privacy Act here.
Representatives from several companies testified in Washington DC this week, claiming that the ECPA is outdated and needs an overhaul to properly protect American citizens. Rapid changes in technologies mean that the existing laws are outdated and no longer sufficiently outline procedures for conducting warrant searches for 21st century communications, specifically cloud technology.
While some minor amendments have been made throughout the years, Google and others say that it’s not enough. Richard Salgado, Google’s director for law enforcement and information security writes: “This pre-digital era no longer makes sense: users expect, as they should, that the documents that they store online have the same Fourth Amendment protections as they do when the government wants to enter the home to seize documents stored in a desk drawer.”.  
Technology companies are all too aware of the loopholes that exist when government agencies attempt to circumvent the existing laws. For example: currently any information belonging to a foreign citizen that is stored on the servers of an American company can be accessed without a warrant, regardless of privacy laws of the foreign citizen’s company according to the ECPA. This of course can be seen to limit the growth of US technology companies as well as trade relations with other companies.
ACT| The App Association, an organization dedicated to the advancement of American tech companies, released a statement from their executive director, Morgan Reed stating:
“The Department of Justice claims it possesses the authority to access data stored abroad — and belonging to a foreign citizen — as long as it is held by an American company. [..] This is simply outrageous and something the American public would view as a betrayal.”   
While Mr. Reed’s strong words seem to aggressively face the US government, his point is quite convincing as American companies strive to remain relevant in the tech market. The App Association recommends a bipartisan solution in a piece of legislation called the Law Enforcement Access to Data Stored Abroad Act (LEADS). It recommends that the legislation establishes clear laws and boundaries to govern how law enforcement is able to access information stored abroad. LEADS will provide protection for US and foreign citizens alike while granting users the same laws for digital information stored further afield, as we currently see with written communications. To learn more about the LEADS petition click here.
“For American tech companies to remain global leaders, we must be clear with our trading partners that their citizens can store data in their home country with a US company and retain the privacy protections provided by their sovereign government,” testified Mr. Reed at the hearing.
As cloud communications continue to make the world smaller by connecting individuals with information in real time, some man-made boundaries and lines still exist. As more individuals and companies seek to educate and get involved, connections to each other and information clear on all channels allowing for the privacy and protection craved by 21st century inhabitants.
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