Series: Judicial Issues Forum | No. 28 of 29 « Previous | Next »

May 17

Past Event

Reforming the Electronic Communications Privacy Act

Event Materials

Video

Highlights

  • Electronic Communications Privacy Act Is Old, Complicated

    Benjamin Wittes: The Electronic Communications Privacy Act is old and complicated; key considerations in the effort to update it are whether to expand its scope to cover new technologies or to make it more protective.

    Benjamin Wittes

  • Technology Changes Dictate Privacy Law Changes

    Orin Kerr, Georgetown University Law School: Changes in technology dictate changes to laws offering privacy protections to stored email and other new technologies.

    Benjamin Wittes

  • Data Subject to Local Jurisdictions

    James Baker, U.S. Dept. of Justice: The Internet is a physical thing and because its data is on a server somewhere in the world it’s subject to the laws of that jurisdiction.

    Benjamin Wittes

  • Information: Different Types, Different Protections

    James Dempsey, Center for Democracy and Technology: Different types of information have different protections under the law and how the way information is stored also dictates what protections that information has.

    Benjamin Wittes

Audio

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Summary

The Electronic Communications Privacy Act of 1986 placed restrictions on government acquisition of electronic data communications, like emails. As increasingly innovative and sophisticated communications technology comes to market, new questions have arisen about how this law’s provisions should be applied. How much evidence must the government have before it can access emails of suspects? Should the standard of evidence differ if the emails are stored virtually in a cloud file system, rather than on a hard drive? How much evidence is required before law enforcement can use suspects’ cell phone data to track their locations over time? Should the government have to go to a judge to get an court order for such information, or should it be able to do so with a subpoena? These are questions at the heart both of an ongoing legislative debate over the reform of the Electronic Communications Privacy Act and a series of recent court opinions.

On May 17, the Brookings Institution hosted a Judicial Issues Forum to convene key stakeholders in the debate to reform the Electronic Communications Privacy Act – including investigators, prosecutors, civil libertarians and industry representatives – and explore whether the apparently rigid battle lines in this fraught policy discussion mask common ground. Orin Kerr, professor of law at George Washington University Law School, delivered keynote remarks.

After the program, panelists took audience questions.

Event Agenda

  • Welcoming Remarks and Moderator

  • Keynote Speaker

    • Orin S. Kerr

      Professor of Law

      George Washington University Law School

  • Panelists

    • James A. Baker

      Associate Deputy Attorney General

      U.S. Department of Justice

    • Valerie E. Caproni

      General Counsel, Office of the General Counsel

      Federal Bureau of Investigation

    • James Dempsey

      Vice President for Public Policy

      Center for Democracy and Technology

    • Albert Gidari, Jr.

      Partner

      Perkins Coie LLP

Details

May 17, 2011

10:00 AM - 12:00 PM EDT

The Brookings Institution

Saul/Zilkha Rooms

1775 Massachusetts Avenue, NW

Map

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SERIES: Judicial Issues Forum | No. 28