ECPA is complicated, outdated, and largely unconstitutional.

Let me say that to amend ECPA, we are going to need to have a balancing act, which means that neither law enforcement nor the service community are going to get everything they want.

I think the different standards between a warrant and a subpoena is outdated and probably unconstitutional.

Let me say that to amend ECPA, we are going to need to have a balancing act, which means that neither law enforcement nor the service community are going to get everything they want.

I think the different standards between a warrant and a subpoena is outdated and probably unconstitutional.

The role of the Internet and electronic communications in our daily lives is vastly different now.

The 1986 law governing the Internet is like having a national highway policy drafted in the 19th century.

I would hope that the Justice Department, when they come back next time to talk about this subject, can anticipate the questions and have an answer.

The Electronic Communications Privacy Act of 1986, or ECPA, is complicated, outdated, and largely unconstitutional.

By limiting fees, or eliminating contingency fees, or cutting off other sources of funding to allow individuals to hold their own in a case against corporations with seemingly endless resources, many of the proposals we will hear will, in…

I suppose we could have sent an army of inspectors armed with tickets books to enforce the law, but I am not sure how Ms. Milito's organization would feel about that.