News & Commentary

By Sandra FultonACLU Washington Legislative Office

We know that the government takes advantage of outdated privacy law to demand our personal information from online services that collect and hold our data. But what we rarely know is exactly how often this happens: the government isn't required to reveal how many demands for information they make or how many individuals are affected, and companies rarely volunteer this information. One of the very few exceptions is Google, whose Transparency Report shows that the government continues to increase its demands for data about users of online services.

Today, the Electronic Communications Privacy Act (ECPA) turns 25 years old. On October 21, 1986, President Ronald Reagan signed ECPA into law. As Wired reported today on the "Aging 'Privacy' Law," ECPA was passed "at a time when e-mail was used mostly by nerdy scientists, when phones without wires hardly worked as you stepped out into the backyard, and when the World Wide Web didn't exist. Four presidencies later, [ECPA] has aged dramatically, providing little protection for citizens from the government's prying eyes — despite the law's language remaining much the same."

Catherine CrumpACLU National Office

By Christopher CalabreseWashington Legislative Office

This week, our federal online privacy law turns 25. The ACLU is hosting a blog series that will address some of the many reasons why the Electronic Communications Privacy Act of 1986 (ECPA) is in need of an upgrade! Spread the word using #UpdateECPA, and to learn more about your dotRights, visit www.aclu.org/ecpa.

By Christopher CalabreseWashington Legislative Office

By Rekha ArulananthamACLU National Office

These days, most people carry a cell phone with them everywhere they go: to work, to church, on vacation, and more. And cell phone carriers may capture and retain records of your location even when you're not using your phone. Does that mean that the government can simply demand these records from your carrier without a warrant? Unfortunately, according to Judge Royce Lamberth of the D.C. District Court, the answer to that question is ';yes.'