POLS 2000 Lecture Notes - Lecture 8: Electronic Communications Privacy Act, Digital Privacy
5 May 2018
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Kim 1
The FISA Act has contributed in the changing nature of privacy rights of American citizens.
Although the FISA Act ensured that the government is carrying out their goal of protecting
national security, it also decreased the amount of privacy citizens are given (Litt, 2013, p. 313).
Before this legislation was enacted, there was no exception from the requirement of obtaining a
warrant for national security related electronic surveillances. However, once the FISA Act was
approved, the government authorized an exception called the national security exception to the
warrant requirement which is applicable in situations where the safety of the United States could
be potential threatened (Deflem, 2015, p.73).
Electronic Communications Privacy Act
The last key change made to the privacy rights of American citizens after September 11,
2001 is the changes made to the Electronic Communications Privacy Act (ECPA). In the initial
ECPA, the act did not include the technology that was developing during the time of the attacks
(Bridwell, 2011). Because of the rise of technology and the new safety measures being set up,
Congress deemed it necessary to amend this act to include new aspects of communications such
as GPS devices, chat rooms, and even emergency room calls (Frank, 2004, p. 8).
The ECPA was written with the requirement that a search warrant needed to be obtained
to gain access to the technology and communication (Lally, 2005, p.19). However, Congress
made changes to the amendment, allowing access to new technology in addition to the ones that
were originally outlines in the act. This change was made because outdated digital privacy law
was considered a threat to the United States and was declared necessary to update in order to
sustain the safety of the country and the citizens (Haul, 2014).
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Document Summary
The fisa act has contributed in the changing nature of privacy rights of american citizens. Although the fisa act ensured that the government is carrying out their goal of protecting national security, it also decreased the amount of privacy citizens are given (litt, 2013, p. 313). Before this legislation was enacted, there was no exception from the requirement of obtaining a warrant for national security related electronic surveillances. The last key change made to the privacy rights of american citizens after september 11, 2001 is the changes made to the electronic communications privacy act (ecpa). Ecpa, the act did not include the technology that was developing during the time of the attacks (bridwell, 2011). Because of the rise of technology and the new safety measures being set up, Congress deemed it necessary to amend this act to include new aspects of communications such as gps devices, chat rooms, and even emergency room calls (frank, 2004, p. 8).
