-By Warner Todd Huston
Despite the pressure brought to bear by the public and efforts by Congress, the Obama White House has announced that it will not demand that the FBI get warrants to access email data.
The current law for electronic communications is an ill-fitting scheme that forces law enforcement to get a warrant for emails and other electronic communications that are up to six months old. But for any data older than that the Electronic Communications Privacy Act (ECPA) only requires a subpoena. But these rules don’t take into account the fact that data can be stored on line for far longer than six months.
The original rules written back in 1986 assumed that such data would be harder and/or expensive to store and might be erased sooner than data is today.
Many Americans want these old, outdated rules changed so it is a bit harder for law enforcement to access American’s electronic communications. Pursuant to that a petition demanding that law enforcement, particularly the FBI, get a warrant for any email data it wants had been turned in to the administration as far back as 2013. Last week the Obama administration finally responded to this petition saying that it won’t require the FBI to change its process for accessing electronic data.
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Obama Admin Decides Not to Force FBI to Get Warrants for Email Data”