Today, there is a lack of clarity in U.S. federal law as to when law enforcement agencies may access data stored overseas. Often, this puts companies in a situation where they would be forced to break the laws of foreign governments, putting their ability to do business, the trust of their users, and the success of the global app ecosystem at risk.
Last year, the International Communications Privacy Act (ICPA) was introduced to clarify some of this ambiguity, especially as it relates to email communications. This year, we need Congress to support legislation modeled after ICPA.
Will you help? Please add your name to the following letter urging congressional support for this important legislation.
Dear Honorable Member of Congress,
As a coalition of small and medium-sized mobile application companies driving innovation across the country, we urge you to update the Electronic Communications Privacy Act (ECPA), a law that was written in 1986 and is incongruent with today’s cloud computing reality.
Considering the 2.5 quintillion bytes of data created and shared on the internet daily, ECPA is an outdated statute that does not account for the transitory nature of data today. The law’s failure to address when and how U.S. law enforcement may access data stored abroad not only creates uncertainty, but it also presents a real threat to our businesses. While a major concern for big companies, the legal conflicts created through ambiguous ECPA legislation also pose dire consequences for small companies. When U.S. law enforcement seeks our data in a manner that conflicts with other sovereign laws, our small teams lack the robust legal departments or funds to address foreign governments in court. We are left with an untenable dilemma: either abide U.S. law enforcement and challenge sovereign governments, or cooperate with foreign governments and disobey domestic authorities. We don’t have an easy answer. But you can help.
Last year, the International Communications Privacy Act (ICPA) was introduced to clarify the ambiguity under ECPA in a manner that avoids unnecessary conflict with international laws. Forthcoming legislation modeled after ICPA, with expected adjustments to ensure the Department of Justice can effectively conduct international investigations, would achieve these goals and help American app companies of all sizes continue to thrive in the global economy. We urge you to join your colleagues to modernize ECPA and clarify lawful access to data.
For more information or to join the effort, please contact Senators Orrin Hatch or Chris Coons, or Representatives Tom Marino or Hakeem Jeffries.