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The Email Privacy Act would prevent the government from using mere administrative subpoenas to access email older than 180 days. The distinction, included in the Stored Communications Act , was based on the need for users to access and download email from a service provider’s servers. The logic was that if someone hadn’t downloaded their email in six months or more, they had effectively abandoned it.

Of course, things are no longer that simple in the age of constant synchronization and push notifications on mobile devices.

Previously:

• Grover Norquist on proposed update to Electronic Communications Privacy Act
• ECPA amendment would require warrant even for email older than 6 months