The once cutting-edge 1986 Electronic Communications Privacy Act (ECPA) has been outpaced by advances in technology and how Americans use electronic communications. In an op-ed in The Hill, former Representatives Asa Hutchinson (R-Ark.) and Mickey Edwards (R-Okla.) argue that ECPA must be amended accordingly. To address these issues the Representatives state:
The Constitution Project has joined the Digital Due Process Coalition, a diverse collection of more than 50 think tanks, privacy advocates and major technology companies including Google, AT&T and Facebook. The coalition has developed a clear set of principles to provide Americans with rigorous privacy protections, service providers with clarity, and law enforcement with the ability to conduct lawful, effective and efficient investigations. These principles for reforming ECPA are conservative ones - they are designed to safeguard fundamental constitutional rights and to provide clarity for businesses like technology companies and Internet service providers.