Yesterday was Data Privacy Day, making this a good time to recap some recent developments in law enforcement access to email and other electronic communications. Data Privacy Day. You’re probably familiar with it already, but just in case you need a bit of background: Data Privacy Day is an “effort to raise awareness about data privacy and the protection of personal information on the Internet.” In 2009, Representative David Price, from right here in North Carolina, introduced House Resolution 31, recognizing the event, and it passed 402-0. The Senate passed a similar resolution. Congress officially “encourage[d] individuals across the Nation to be aware of data privacy concerns and to take steps to protect their personal information online.” Law enforcement and data privacy. Although Data Privacy Day originally focused on internet users exposing their personal information to other individuals, the focus has expanded to internet users’ exposure of personal information to the government, and specifically, to law enforcement. Recent developments. Several major internet companies release reports about law enforcement requests for information on or near Data Privacy Day. Interesting developments this year included the following: Google issued its twice-yearly transparency report, providing information about requests for information that it receives from law enforcement and courts around the world. It’s now receiving about 100 such requests each day globally, about a quarter from the United States. As to domestic requests, most are by subpoena, presumably for basic subscriber information under 18 U.S.C. § 2703(c)(2). Most of the rest are search warrants. Google complies [...]
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