Trailblazing Email Privacy Bill Proposed in Texas
Mary Grinman – Edited by Natalie Kim
On May 27, 2013, the Texas State Senate and House signed H.B. 2268. The legislation requires state law enforcement agents to secure a warrant before accessing emails and other “electronic customer data.” H.B. 2268 at 3–4. It also permits warrants on out-of-state service providers that do business with a Texas resident in certain circumstances. Id. at 9. The bill closes the loophole of the 1986 Electronic Communications Privacy Act (ECPA), which allows warrantless access to emails opened or older than 180 days.
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