Tag Archives: Leahy

New Version of USA Freedom Act Introduced

By David Fagan, Richard Hertling, and Kate Goodloe Senate Judiciary Chairman Patrick J. Leahy introduced a new version of the Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 (the “USA FREEDOM Act” or “Act”) in the Senate on Tuesday, more than two months House of Representatives passed … Continue Reading

ECPA Reform Bill Sails Through Senate Judiciary Committee

Yesterday, a bill that would reform the Electronic Communications Privacy Act of 1986 (“ECPA”) was approved by the Senate Judiciary Committee on a voice vote. Under ECPA, as it currently stands, police need only a subpoena, issued without approval by a judge, to access private e-mails that have already been opened or that are more … Continue Reading

Senate Passes VPPA Amendment; Bill Heads to President Obama

Last night, the Senate passed an amendment to the Video Privacy Protection Act, 18 U.S.C. § 2710, designed to make it easier for users to share their online video viewing activities.   (We’ve discussed the amendment’s content here and here.)  President Obama is expected to sign the bill into law.  Netflix, the most prominent backer of … Continue Reading

House Passes Updated VPPA Amendment

Continuing the flurry of activity around privacy legislation that we have seen over the past few weeks, the House today passed an amendment to the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710.  The bill would amend the VPPA by clarifying that a consumer may consent to the disclosure of her video viewing information … Continue Reading

Senate Judiciary Committee Passes Amendment to ECPA, VPPA

Today, the Senate Judiciary Committee passed the much-discussed update to the Electronic Communications Privacy Act of 1986 and the Video Privacy Protection of 1988 (“VPPA”).  The Committee adopted Senator Leahy’s manager’s amendment (which we discussed here), with a minor modification proposed by Senators Cornyn and Lee.  Senator Feinstein also offered an amendment to the VPPA … Continue Reading

Committee Vote on ECPA, VPPA Amendment Scheduled for Thursday

On Thursday, the Senate Judiciary Committee reportedly will vote on Sen. Patrick Leahy’s bill that would amend the Electronic Communications Privacy Act (ECPA) and the Video Privacy Protection Act (VPPA).  The bill would amend the VPPA by clarifying that a consumer may consent to the disclosure of her video viewing information “though an electronic means … Continue Reading

Rep. Lofgren Introduces Legislation to Update ECPA

Last Friday, Rep. Zoe Lofgren (D-CA) introduced the ECPA 2.0 Act, H.R. 6529, which would strengthen the legal standards for law enforcement to gain access to electronic communications and location information.  The Electronic Communications Privacy Act (ECPA) is more than 25 years old and is widely seen as needing modernization to address changes in digital … Continue Reading

Judiciary Committee May Consider Amendments to VPPA, ECPA

According to a number of media outlets, the Senate Judiciary Committee will consider proposed amendments to the Video Privacy Protection Act (“VPPA”) and to Title II of the Electronic Communications Privacy Act, better known as the Stored Communications Act (“SCA”).  The amendments reportedly will be offered by Judiciary Chairman Patrick Leahy (D-VT), and likely will … Continue Reading

Senate Judiciary Committee Passes Breach Notices Bills

Yesterday, the Senate Judiciary Committee approved legislation introduced by Committee Chairman Patrick Leahy (D-VT) (S. 1151) that would require firms to develop comprehensive data security programs and would impose a federal breach notice obligation on firms.  The same day, the Committee also approved amended versions of breach notification measures introduced by Sen. Dianne Feinstein (D-CA) … Continue Reading

Senate Judiciary Committee Weighs Data Security Legislation

Last Thursday, the Senate Judiciary Committee began its consideration of the several pending data security bills by marking up S. 1151, the legislation introduced by Sen. Patrick Leahy (D-VT).  S. 1151 would require business entities to develop a data privacy and security plan for protecting sensitive personally identifiable information, require agencies and business entities to … Continue Reading

Mobile Hearing Covers Mobile Privacy, ECPA Reform, and Data Breach Issues

This is another big week for privacy. On Monday, Senate Commerce Chairman Jay Rockefeller introduced the Do-Not-Track Online Act of 2011, which we posted about here. And yesterday, the newly created Senate Subcommittee on Privacy, Technology and the Law held its first hearing.  The hearing focused on mobile privacy issues, but also touched on other … Continue Reading
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