Constitution Project Joins Coalition Advocating for Updating Privacy Protections for Emerging Communications Technologies

Digital Due Process coalition made up of more than 30 technology companies, privacy advocates and think tanks

CONTACT: Matthew Allee, (202) 580-6922 or

WASHINGTON – The Constitution Project has joined as a member of the “Digital Due Process” coalition calling for reform of the Electronic Communications Privacy Act (ECPA), a federal law that regulates the government’s access to private electronic communications. As part of this broad coalition of over thirty different technology companies, privacy advocates, and think tanks, the Constitution Project joins in urging Congress to update ECPA to ensure that civil liberties protections and Fourth Amendment principles extend to current and emerging wireless and internet technologies.

The Constitution Project’s new membership in the coalition is timely, given today’s hearing on reform to ECPA before the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties. The Constitution Project’s involvement in the Digital Due Process coalition is further evidence of the coalition’s breadth and appeal across the political spectrum.

The Digital Due Process coalition has called for a series of reforms to modernize existing law, including requiring the government to:
•obtain a search warrant in order to seek stored electronic communications such as email from a communications service provider; and
•obtain a search warrant in order to track the location of an individual’s cell phone or other mobile communications device.

“Technology has evolved significantly and in ways we never could have anticipated over 20 years ago when the Electronic Communications Privacy Act was first enacted,” noted Constitution Project Senior Counsel Sharon Bradford Franklin. “Reforms are needed to update our nation’s laws to catch up with the technology they cover. The Constitution Project is pleased to join this broad coalition of groups in calling for changes to modernize our communications laws and ensure that Fourth Amendment protections apply not only to our homes, but to our email and cell phones as well.”

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