The FISMA Focus IPD

From: National Journal

But the FTC and SEC have not used the current subpoena process in five years.

Kaveh Waddell

***

Civil law en­force­ment agen­cies like the Fed­er­al Trade Com­mis­sion and the Se­cur­it­ies and Ex­change Com­mis­sion would not be able to ob­tain crit­ic­al in­form­a­tion if the law were changed to re­quire crim­in­al war­rants for ac­cess to data stored on cloud ser­vices, ac­cord­ing to wit­nesses from those agen­cies testi­fy­ing in front of the Sen­ate Ju­di­ciary Com­mit­tee Wed­nes­day.

***

Ju­lie Brill, an FTC com­mis­sion­er, re­leased a state­ment Wed­nes­day in­dic­at­ing she dis­agreed with Sals­burg’s testi­mony. “I am con­cerned that a ju­di­cial mech­an­ism for civil law en­force­ment agen­cies to ob­tain con­tent from ECPA pro­viders could en­trench au­thor­ity that has the po­ten­tial to lead to in­va­sions of in­di­vidu­als’ pri­vacy and, un­der some cir­cum­stances, may be un­con­sti­tu­tion­al in prac­tice,” Brill said.

Read Complete Article