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Digital privacy bill still abandons probable cause for our papers

Mark J. Fitzgibbons, The Hill

Administrative subpoenas are in fact impossible to reconcile with the Fourth Amendment. The very premise of the ECPA Modernization Act is that government may not violate the security of private records unless a judge has issued a warrant after hearing probable cause under oath that facts indicate a law is being broken. Government officials will exploit this expressly sanctioned loophole in the bill and subpoena emails directly from their targets in this probable cause-free administrative subpoena regime. Neither digital nor hard records will be safe from unreasonable government searches and compelled disgorgement.

http://thehill.com/blogs/congress-blog/politics/344693-digital-privacy-bill-still-abandons-probable-cause-for-our