Electronic Communications Privacy Act and the Revolution in Cloud Computing : Hearing Before the Subcomm. on the Constitution, Civil Rights, and Civil Liberties of the H. Comm. on the Judiciary, 111th Cong., Sept. 23, 2010 (Statement by Adjunct Professor Marc J. Zwillinger, Geo. U. L. Center)
ECPA has functioned fairly well during its first 20 years in striking the right balance between law enforcement needs and the privacy expectation of U.S. citizens. But when it was initially passed in 1986, Congress recognized that the “law must advance with the technology to ensure the continued vitality of the fourth amendment.” Based on my experience as an ECPA practitioner for the past 13 years, I believe the time is ripe for another advancement. I hope you will consider these perspectives in crafting legislation that balances law enforcement needs and user privacy in a manner that reflects the reality of the uses of the Internet in the 21st century and no longer relies on outdated assumptions.