Access to customer information from Internet infrastructure providers should follow due process of law.
In some instances, law enforcement agencies have a legitimate need to access personal online data, but government access to data must be preceded by due process procedures set out in the 4th Amendment in regards to search and seizure.
United States law is clear on the privacy of phone calls and other non-digital communications: government officials and agencies need a search warrant based on probable cause to gain access. But such protections don’t extend to email.
A warrant is needed for messages located on the computer of a sender or receiver but messages older than 180 days can be obtained from the servers of Internet infrastructure providers and other third parties with only a subpoena or court order. A court order can be based on a standard lower than probable cause, and many agencies can issue themselves a subpoena without an outside judge.
Want to work with us on Privacy issues? Join the i2Coalition and our Public Policy Working Group.
Recent Updates On Privacy
WHOIS Privacy: How we got to this point, and how not to move backwards
In an era where online privacy is a key concern, a lot of people may wonder how WHOIS – the […]
Impending Changes to India’s Internet Intermediary Rules Raise Concern for Indian Technology Innovation, Free Speech and Global Competitiveness
Impending Changes to India’s Internet Intermediary Rules Raise Concern for Indian Technology Innovation, Free Speech and Global Competitiveness India is […]
Why the EPDP is Essential for a Long-Term Solution for WHOIS
Experts are working on the most appropriate updates to domain name registration information through ICANN’s Expedited Policy Development Process (EPDP). […]
i2Coalition and eco Provide 7 Lessons in Data Regulation for US Legislators Based on the GDPR Rollout
Good intentions aside, the GPDR introduced 150-plus pages of complex regulations that included little practical guidance on how to implement […]
i2Coalition April 2019 Legislative Update
This is a brief legislative update for the public. Join the i2Coalition for in-depth updates from our Policy Director available only to […]
i2C March/April 2019 Legislative Update
We’re anticipating activity on privacy, intermediary liability, Facebook, and other topics impacting the online community in March and April.
Server Side: David Snead On i2Coalition/eco Transatlantic Dialogues Privacy Roundtables
i2Coalition co-founder and cPanel general counsel David Snead talks about the upcoming roundtables on privacy shield and transatlantic data flows, and other industry initiatives.
Transatlantic Dialogues Privacy Roundtable Reading List
Transatlantic Dialogues is an important three-part discussion series on the future of personal data protection on both sides of the […]
Server Side: Monica Sanders On i2Coalition 2019 Policy Initiatives
Monica Sanders, i2Coalition Policy Director and Christian Dawson review an eventful 2018 and look forward to 2019.
Server Side: Frank Stiff & Michele Neylon On 2018 And Looking Forward To 2019
“The president of France essentially said that self-regulation didn’t work and they would be imposing regulation to “fix the bad stuff on the Internet.” That kind of statement from a major power is deeply worrying.”
A Section 230 Rewrite, Midterm Results, and Human Rights Concerns: November-December 2018 Legislative Update
After midterms, Congress is headed into an abbreviated lame-duck session and a season of more potential reshuffling in the Executive Branch.
Privacy Blueprints, Social Media Responsibility, and NAFTA: September 2018 Legislative Update
With only 11 working days in September, the House will mostly be in and out of session working on a number of bills and issues such as privacy, social media platforms, and trade agreements.