D Magazine has a
story in its August issue on Jonathon Stickland's amendment to require a warrant for law enforcement to access cloud-based email and other computer content. The story by Farraz Khan, which quoted your correspondent, called it "the session’s most significant bipartisan piece of legislation." It concluded:
While the legislation was awaiting Governor Rick Perry’s signature, news
of the NSA’s PRISM surveillance program broke, landing electronic
privacy back on the national agenda. The timing was perfect: says
Henson, it made Stickland look “eerily prescient.” On June 14, the
governor signed Stickland’s measure into law, effective immediately.
Now,
in Texas, state law enforcement must secure a probable cause warrant
before it can search private emails or cloud content. According to Allie
Bohm, a speech privacy and technology policy strategist with the ACLU,
Texas is the first state to enact a law protecting email content from
warrantless searches. But it won’t be the last. Stickland’s office has
received phone calls from Republican and Democrat activists and
policymakers from California, Georgia, Kentucky, Oklahoma, Tennessee,
and Virginia, who want to pass similar legislation in their states. And
it puts pressure on Congressional lawmakers in Washington to pass a bill
to amend ECPA that was introduced in the spring by Senators Patrick
Leahy, a Vermont Democrat, and Mike Lee, a Utah Republican.
Not bad for a freshman.
This has been so well received, it makes me even more frustrated we didn't get the warrants for cell-phone location bill passed this session. That would have made a nice two-fer.
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