{"id":19799,"date":"2015-12-04T18:02:45","date_gmt":"2015-12-04T23:02:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19799"},"modified":"2015-12-04T18:03:41","modified_gmt":"2015-12-04T23:03:41","slug":"the-libertarian-republic-congress-set-to-limit-judge-less-subpoenas-at-heart-of-privacy-debate","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19799","title":{"rendered":"The Libertarian Republic: Congress Set To Limit Judge-Less Subpoenas At Heart Of Privacy Debate"},"content":{"rendered":"<p>The Libertarian Republic: <a href=\"http:\/\/thelibertarianrepublic.com\/congress-set-to-limit-judge-less-subpoenas-at-heart-of-privacy-debate\/#ixzz3tOaH7IzT\">Congress Set To Limit Judge-Less Subpoenas At Heart Of Privacy Debate<\/a> by Mark Tapscott<\/p>\n<blockquote><p>A measure protecting Internet Service Providers against judge-less subpoenas issued by federal bureaucrats has 305 congressional co-sponsors and seems headed toward passage.<\/p>\n<p>The Email Privacy Act has 192 House Republican co-sponsors and 113 Democrat co-sponsors, and seems set to pass this year or in 2016. A companion measure is making comparable progress in the Senate. Supporters of the measure protects a massive constitutional abuse by federal bureaucrats that everyday Americans rarely hear about.<\/p>\n<p>The bill updates the Electronic Communications Privacy Act of 1986 to require agencies seeking information about an individual\u2019s Internet activities from an ISP to secure prior approval for a subpoena from a federal judge, as the Fourth Amendment requires.\n<\/p><\/blockquote>\n<p><strong>Except<\/strong> that: (1) the Fourth Amendment does not yet require that because it&#8217;s a third party record, so one can&#8217;t say the Fourth Amendment requires that  since the case law says it does not, and we&#8217;re a long way from overruling the third party doctrine, but this is a tentative small step in that direction, if Congress ever does anything. I&#8217;m not holding my breath. (2) Trial and grand jury subpoenas are judge-less, too, so what makes the Fourth Amendment apply there? Nothing. (3) Having 305 sponsors doesn&#8217;t mean a thing in Congress because it&#8217;s so dysfunctional and can only agree on when it goes home and otherwise seems to do nothing, which is all the time. Plenty of bills have plenty of sponsors and languish.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Libertarian Republic: Congress Set To Limit Judge-Less Subpoenas At Heart Of Privacy Debate by Mark Tapscott A measure protecting Internet Service Providers against judge-less subpoenas issued by federal bureaucrats has 305 congressional co-sponsors and seems headed toward passage. The &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=19799\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[81,79],"tags":[],"class_list":["post-19799","post","type-post","status-publish","format-standard","hentry","category-subpoenas","category-third-party-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19799","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19799"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19799\/revisions"}],"predecessor-version":[{"id":19801,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19799\/revisions\/19801"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19799"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19799"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19799"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}