2Congress Looks at Privacy
The draft bill also requires companies to obtain expressed permission from an individual before sharing his or her data with unaffiliated third parties other than for a “transactional purpose.” In addition, the bill includes exceptions to the general rule of requiring users to opt in to sharing information with third-party ad networks, such as when there is an easy-to-find link to a Web page for the ad network that allows a person to edit a profile or opt out of having a profile.
4Holding on to Data
6Why Reform ECPA
When the ECPA was enacted in 1986, it was envisioned as a way to provide a legal basis for expanding government monitoring of telephone communications to electronic communications on computers. It also created confusion for law enforcement, businesses and the public as technology continued to advance. A coalition of tech companies, including Microsoft, partnered with the American Civil Liberties Union and other groups to push for reforms.
7Updating the Law
Proposed reforms to the ECPA include mandating government search warrants before requiring a company to disclose digital communications not readily accessible to the public and requiring the government to show probable cause before getting location data from a mobile communications device. The reforms also would give the government access to dialed number information, e-mail to-and-from information, and other data “covered by the authority for pen registers and trap and trace devices” after approved by the courts.