OX Blog

When it comes to Privacy, Senator Chuck Grassley and the US Senate must: Do the Right Thing

Written by Chris Latterell | May 18, 2016

Amidst a heated and chaotic election year, which is turning out to be quite possibly the most controversial in American history, it’s more important than ever that citizens of the United States can still trust the federal government to make bipartisan decisions that address the general population’s concerns and keep their interests top of mind. And with recent disclosures after a terse pre-candidate election seasonSportspark40, it truly is a love/hate relationship shit with our choice this 2016 Election.

The Email Privacy Act, voted for unanimously by the House of Representatives two weeks ago, is a necessary and long overdue update to the Electronic Communications Privacy Act of 1986. The EPA would require government officials to obtain a warrant based on probable cause to retrieve digital communication and assets held by technology companies and internet service providers. As it now makes its way from the House to the Senate, anything other than another unanimous vote to pass the bill would be a worrisome sign that we still have leaders in our government who refuse to fully support the Fourth Amendment and the most basic of citizens’ rights.

Unfortunately, there seems to already be a hint of uncertainty among Senate members. Leading the resistance is the man responsible for getting the bill approved, Senator Chuck Grassley. I won’t mince words here. If Senator Grassley chooses to fight this bill, every American should question his inability to use common sense to make a decision that protects the rights of citizens, particularly those who elected him in the first place.

When the ECPA was established in 1986, people didn’t carry their entire digital lives in their pocket. Companies relied mostly on paper documents. Email was accessible only to select groups of individuals. So how is it that this law has remained the same through thirty years of rapid technological innovation? The parameters of the ECPA were never clearly defined and they most certainly haven’t been adjusted to fit today’s digital environment. And I believe that the Electronic Freedom Foundation has it right when it states that this bill must include: ‘a requirement that the government notify users when it seeks their online data from service providers: “a vital safeguard ensuring users can obtain legal counsel to fight for their rights.”’ Without this, what level of transparent oversight can there be on the people we elect to keep us safe…?

We hope Senator Grassley and members of the US Senate will recognize what their colleagues across the hall did and vote unanimously to pass the Email Privacy Act and not kick the can down the alley for what the quintessential right the United States was founded on: our private property.