Some may not be familiar with the Law on Protection of Personal Information Electronic Communications (ECPA). ECPA was enacted in 1986, when we were living in a very different electronic world from today; Internet "public" did not even exist. The main goal of ECPA was then meet new technologies and communications services and govern how the application of the law could obtain information about "oral", "son" and "e-services" which at the time essentially composed of display and walled- garden gates panels. . WebMail as we now know does not exist and there was no cloud storage services
ECPA addresses three levels of information: "customer information" which involves the customer's name, address billing and other information such as length of service and method of payment; "Transaction information" which deals with specific information as communication endpoints and addresses, time and duration, then the "content" of real communication. ECPA has three parts, addressing the communications market as it existed at the time. The first part deals with "wiretapping" - real-time "interception" of the content of a communication. second part addresses "trap and trace" and information "pen register" dealing calling and called numbers for oral communication The third part addresses "stored communications." - and (though they existed at the time) now cover WebMail and files stored in the ECPA Each party draws a distinction between three categories of information and provides standards for access to the application of the "cloud" law. everyone to them, as the context and the type of communication.
There have been a number of amendments to ECPA over the years. the Congress also passed the Communications Assistance for law Enforcement Act (CALEA ) (1994), the USA PATRIOT Act (01) (on the physical means by which law enforcement actually gets the content of interceptions, after judicial authorization or otherwise), the PATRIOT Act (the title of the law is ten bacronym letters (USA PATRIOT) representing Uniting (and) Strengthening America (by) providing appropriate tools required (to) Intercept (and) Obstruct Terrorism Act of 01, it was recently renewed) and finally the Foreign Intelligence Surveillance Act (FISA), (08). Congress has tried (and has always failed) to follow the growth of technology, but the results have consistently and persistently reduced, are not protected, individual liberty, privacy or freedom.
A new amendment (S.607) to ECPA (not CALEA, PATRIOT or FISA) is in the works, presented by Senator Leahy (D-VT). The new amendment is to strengthen the law about electronic communication privacy. This bill sets several privacy issues in long delays. It is not a total panacea, but it is a step in the right direction. Basically, S.607 would require all state and federal law enforcement (but not the CIA or the NSA) to obtain a warrant, after showing "probable cause" for the "content" of any electronic communication. Texas, having just signed into law an amendment to its own ECPA, now requires a warrant for content. The rest of the country needs to do the same.
Golden Frog VyprVPN develops products as to help preserve an open Internet experience and secure, while respecting the privacy of the user. VyprVPN is used in more than 215 countries around the world by people who share our belief that encryption can protect your online privacy.
Ron Yokubaitis, co-CEO, Golden Frog
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