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

Twenty-plus years is a long time, and the Electronic Communications Privacy Act is overdue for an update. A summary of the state of things:

Unfortunately these digital documents lack long-held privacy safeguards. Email saved in web-based email systems like Yahoo for longer than six months can be accessed with an administrative subpoena, which provides less protection than a warrant. Similarly, no matter what privacy setting you use, sensitive and personal information — photos, private journals, Facebook pages, corporate data, draft reports — shared with third parties like Google and Facebook can be accessible by police without a judge’s approval. All the government has to do is swear it’s “relevant” to an investigation.

Here’s to ensuring that the Fourth Amendment isn’t rendered moot by technological advancements.