Email privacy supporters aren’t limited to stand-alone legislation

Supporters of email privacy legislation will not rely solely on stand-alone legislation to get their measure passed by year’s end. 

If the bill fails to get through both chambers during a tight election-year schedule, the sponsors will press to attach it as a rider to either spending or authorization bills. 

{mosads}”Whether we can include that in the form of funding restriction in year-end spending bills or other authorization bills, I’m confident we’ll find a place to put it — whether it is a stand-alone measure or not,” Rep. Jared Polis (D-Colo.), one of the co-authors of the bill, told The Hill. 

Supporters successfully added narrow warrant requirements for financial service regulators in last year’s spending bill.

The House Judiciary Committee has planned a long-awaited Wednesday vote on the Email Privacy Act, which would ensure the government has to obtain a warrant before forcing a technology company to hand over old customers’ emails. To do that, it would close off a loophole in the Electronic Communications Privacy Act (ECPA) that allows the government to get those electronic communications with a subpoena if they are older than 180 days. 

Polis said he is confident the legislation will easily get to the House floor with its 314 co-sponsors. 

“Once it passes the House as a whole — most likely under a suspension, but we could do it under a rule as well — it would essentially become the position of the House,” he said. 

The White House has endorsed ECPA reform. But it has declined to endorse any specific piece of legislation, allowing negotiations to continue in Congress. Law enforcement and a handful of civil enforcement agencies have resisted the Email Privacy Act, asking for a number of carve outs. 

Rep. Suzan DelBene (D-Wash.), a Judiciary Committee member and co-sponsor, admitted “a lot of things would need to happen” to get the stand-alone bill to Obama’s desk. But she said even a full House vote would send a strong message. 

“I still hope we are able to get it through this Congress. If that didn’t happen, it would definitely set the stage for us to be able to move on this quickly in the next Congress,” she said.