Hatch Urges DOJ to Work with Congress on ICPA
Washington, D.C.—Senator Orrin Hatch, R-Utah, joined by Senator Chris Coons, D-Del., and Representatives Tom Marino, R-Pa., and Suzan Del Bene, D-Wash., sent a letter Thursday to Attorney General Loretta Lynch urging the Department of Justice to work with Congress to fine-tune the International Communications Privacy Act (ICPA).
They wrote, “As sponsors of the International Communications Privacy Act (ICPA), we are committed to establishing a legal standard for accessing extraterritorial electronic communications. ICPA clarifies when and how law enforcement can obtain electronic communications of U.S. citizens, no matter where the person or the communications are located. The bill also provides mechanisms by which U.S. law enforcement can—in limited circumstances and consistent with international law—obtain electronic communications of foreign citizens. We write to seek your continued engagement on this important issue and urge the Department of Justice to work with us in fine-tuning ICPA.”
The full letter is below and can be found here:
October 13, 2016
Dear Attorney General Lynch:
As sponsors of the International Communications Privacy Act (ICPA), we are committed to establishing a legal standard for accessing extraterritorial electronic communications. ICPA clarifies when and how law enforcement can obtain electronic communications of U.S. citizens, no matter where the person or the communications are located. The bill also provides mechanisms by which U.S. law enforcement can—in limited circumstances and consistent with international law—obtain electronic communications of foreign citizens. We write to seek your continued engagement on this important issue and urge the Department of Justice to work with us in fine-tuning ICPA.
In July, the U.S. Court of Appeals for the Second Circuit held in Microsoft v. United States that the Electronic Communications Privacy Act (ECPA) does not authorize U.S. law enforcement officials to access electronic communications stored outside the United States. The concurring opinion in Microsoft emphasized the need for legislative action “to revise [the] badly outdated statute” and recommended that Congress review ECPA “thoughtfully and dispassionately” to ensure that it serves contemporary needs.
That is why for nearly two years, we have advanced legislation to establish a legal standard for accessing extraterritorial electronic communications. The government’s current position presents unique challenges for a number of industries that increasingly face a conflict between U.S. law and the laws of other countries. For example, when technology companies receive demands from U.S. law enforcement to turn over data on behalf of foreign customers, they are forced to make a difficult decision: either comply with the demand and satisfy U.S. law and risk violating the privacy laws of the host country, or challenge U.S. law enforcement’s request in order to comply with the laws of the host jurisdiction. No one should be placed in this untenable situation.
We are committed to working collaboratively with you and your staff to enact a successful legislative solution that strengthens privacy and promotes trust in U.S. technologies worldwide while enabling law enforcement to fulfill its important public safety mission.
Sincerely,
Christopher A. Coons Orrin G. Hatch
U.S. Senator U.S. Senator
Suzan DelBene Tom Marino
U.S. Representative U.S. Representative
Media Advisory: Hatch to Tout Efforts to Fight for Utah Children at Event with Children's Service Society and Utah families
SALT LAKE CITY—As Utah faces off against a growing opioid epidemic, a chronic homelessness crisis, and a range of other issues threatening families, protecting the welfare of children in the state’s child care network has never been more important. As part of these efforts, Senator Orrin Hatch, R-Utah, a senior member and former Chairman of the Senate Health, Education, Labor, and Pensions Committee, will hold an event with Utah children to discuss long-term efforts to respond to the needs of Utah families on Monday, October 17th at 2 PM MST. These efforts most recently include fighting for the Family First Act, legislation to keep children safely in their homes and reduce over-reliance on group foster care homes, as well as long-term efforts to champion kinship placements as the best outcome for children.
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