[Congressional Record Volume 163, Number 26 (Tuesday, February 14, 2017)]
[Extensions of Remarks]
[Page E186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EMAIL PRIVACY ACT

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                               speech of

                  HON. HENRY C. ``HANK'' JOHNSON, JR.

                               of georgia

                    in the house of representatives

                        Monday, February 6, 2017

  Mr. JOHNSON of Georgia. Mr. Speaker, I stand in strong support to 
H.R. 387, the Email Privacy Act.
  Enacting the amendments outlined in this bill will provide a much 
needed update to the Electronic Communication Privacy Act of 1986 
(ECPA). ECPA paved the way for protecting the rapidly advancing field 
of electronic communications. Although this law made headway in 
assuring the privacy of the telecommunications of Americans, electronic 
communications have far outpaced the current regulation.
  The provisions of the Email Privacy Act reaffirm the rights granted 
Americans by the Fourth Amendment. Citizens should not be subjected to 
unlawful search and seizure of their private property. The 
communications of Americans are personal and private and must be 
treated as such by our government. H.R. 387, however, recognizes that 
circumstances may require law enforcement to move quickly and require 
access to electronic communications. Preserving law enforcement's 
ability to preserve records, to delay notification to subscribers that 
a warrant is out for their data, and by requiring timely responses to 
warrants reflects the security concerns expressed during the Judiciary 
Committee markup. Ensuring law enforcement has probable cause in order 
to access stored email, texts, and photos, while also providing the 
above exceptions and flexibility to the rule balancing the needs of law 
enforcement and public safety with the right to individual privacy.
  Calls for reform have come from both sides of the aisle. Upholding 
the Fourth Amendment is not a partisan issue and I am overjoyed to see 
my colleagues from both parties standing by this bill. Failing to pass 
the Email Privacy Act endangers the principal values of our Republic. 
Our constituents have entrusted us, not only as their Representatives, 
but as defenders of the Constitution and the rights of all Americans.
  The passage of the Electronic Communications Privacy Act will 
engender confidence in both law enforcement and privacy laws as 
Americans will know their emails will only be accessed if there is 
cause. I strongly urge my colleagues to vote Yes on the resolution.

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