This is important to know about. (**REAL LIFE**)

Dear Dr. Cruse:

Thank you for your letter expressing your support for the "Electronic Communications Privacy Act Amendments Act of 2011" (S. 1011).  I appreciate hearing your views, and I welcome the opportunity to respond. 

The Electronic Communications Privacy Act (Public Law 99-508), also known as ECPA, amended the Federal criminal code to extend restrictions on wiretaps beyond telephone calls to electronic data transmissions, such as email. ECPA has three titles.  Title I prohibits the interception of any wire, oral, or electronic communication.  It also provides procedures for law enforcement to obtain a warrant for intercepting such communications, and regulates the use and disclosure of information obtained from an approved wiretap.   Title II protects the privacy of files stored by service providers and of subscriber records, such as subscriber name and billing records.  Title III requires government entities to obtain a warrant before collecting real-time information, such as dialing, routing, and addressing information related to communications, usually done using pen registers, which record phone members of outgoing calls, and trap and trace devices, which record incoming phone numbers. 

On May 17, 2011, Senator Patrick Leahy (D-VT) introduced the "Electronic Communications Privacy Act Amendments Act of 2011," which would amend ECPA in light of recent technological advances such as smartphones and global positioning system (GPS) devices.  This legislation has been referred to the Senate Judiciary Committee, of which I am a member. 

I appreciate hearing your thoughts on the "Electronic Communications Privacy Act Amendments Act of 2011."  Please know that I support ensuring that Americans' constitutional rights are appropriately safeguarded, while giving law enforcement officials the tools they need to keep us safe and ensuring sufficient sharing of information for cybersecurity purposes.  Be assured that I will keep your comments in mind should I have the chance to consider this legislation in the Judiciary Committee. 

Again, thank you for writing.  I hope that you will continue to write on matters that are of importance to you.  If you should have any further comments or questions, please feel free to contact my Washington, D.C. office at (202) 224-3841. 

Sincerely yours,

  Dianne Feinstein
          United States Senator