During AppCon, ACT | The App Association’s annual fly-in, 50 App Association members stormed Capitol Hill to deliver a strong message that Congress must update the Electronic Communications Privacy Act (ECPA). The ambiguity in current law, enacted in 1986, troubles App Association members, all of whom are small- and medium-sized companies. Every day 2.5 quintillion bytes of data are created, and nearly all of our members provide apps or platforms that require the transmission, storage, or processing of that data across international borders. Without clear guidance within ECPA outlining when and how U.S. law enforcement may access data, businesses of all sizes face uncertainty and serious threats to their operations and success.
Constituent meetings, like the ones held during AppCon, allow Members of Congress to hear from the people they represent on the issues that impact them most. In more than 120 meetings, App Association members engaged Members of Congress, committee staff, and White House officials, in discussions about the impacts and challenges regarding ECPA. Throughout the meetings, one message was clear: while our members support law enforcement officials and want to help them do their job, ECPA’s ambiguity is legally and financially untenable for small businesses attempting to comply with conflicting laws.
Here’s why. Treatment of data stored abroad is not exclusively the concern of big businesses, and small business are often at greater risk. Despite their size, small app companies make a big impact—they not only make the interfaces, but they design and maintain the software components of everything from the internet of things (IoT) to back-office inventory management. They are part of a rapidly-growing, $143-billion ecosystem, without which the $8-trillion IoT revolution would not be possible, and they are sharing and storing data in all corners of the globe. Considering the international nature of cloud storage, ECPA’s outdated approach puts small companies between U.S. and foreign jurisdictions, without the resources to combat sovereign governments in court.
If we allow conflicts between U.S. and foreign data access laws to continue, we risk quietly killing our most productive businesses and stifling our fastest-growing, most innovative sectors. That’s why App Association members sought an audience with their representatives in Washington and why the App Association will continue to advocate for updated ECPA legislation. We hope policymakers are listening closely.
To urge congressional support for this important legislation, please join the petition here.