Data Privacy & Cybersecurity » SEC Wants Email Seizure Rights

SEC Wants Email Seizure Rights

July 10, 2015

A bipartisan effort currently underway in Congress to pass legislation that would limit the ability of a government agency to force a third party service provider to turn over a person’s email is running into opposition from the SEC. Chair Mary Jo White has come out against it, saying it would hamper SEC enforcement efforts. The legislation, in the form of an amendment to the Electronic Communications Privacy Act (ECPA), would require the government to get a bona fide search warrant by way of demonstrable probable cause before it could proceed. Perkins Coie attorney Lou Mejia, who himself is a former chief litigation counsel at the SEC, makes a case for the legislation, noting that the House version of it has support from more than 280 co-sponsors and the backing of groups from across the political spectrum, “from the American Civil Liberties Union to Americans for Tax Reform.”

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