On behalf of the American Civil Liberties Union, I am writing to express our strong support for H. R. 3378, the Electronic Communications Privacy Act of 1986 introduced by Rep. Carlos Moorhead and you last year. The principal aim of H.R. 3378 is to update federal law to extend privacy protection to new forms of communications. This landmark legislation is of the utmost importance and needs to be enacted into law. We commend your efforts.

Over the last decade new technologies have brought about fundamental changes in the ways citizens and businesses communicate private messages. New forms of computer driven "data" communications such as electronic mail services are augmenting or taking the place of telephonic voice communications and traditional mail sent through the postal system. Wire, microwave, cellular radio and other transmission means are carrying voice, text, and video messages and images separately and in combination. Such messages are being carried not only by common carriers but by new private communications entities.

The need for legislation arises from the now widely held view that federal law has not kept pace with communications innovations and affords little if any legal protection against unauthorized government or private interception of new forms of communication. The principal statute, Title III of the Crime Control and Safestreets Act of 1968, only prohibits unauthorized government or private interception of voice communications carried in part by wire over common carrier systems. In the face of the current communications revolution, this law is simply out of date.

H. R. 3378 would amend Title III to prohibit the unauthorized interception of private data and voice communications regardless of the technical means of communication. It would establish n law the fundamental privacy principle that the "contents" of a private message should be protected regardless of its form or

difference whether a person communicates with another party by having a phone conversation or sends the same message in text over a phone line using a computer, a modem, and an electronic mail service. Nor should it make a difference whether a communication is carried by wire, microwave, or cellular phone service.

H. R. 3378 would also establish essential privacy protection for certain electronic records generated by new forms of communication. It recognizes that privacy protection would be illusory if the statute only barred unathorized interception of messages while being communicated without also barring unauthorized private or unwarranted government access to electronically stored messages and data created by new communications technologies. For this reason, the statute would require the government to obtain a search warrant to obtain electronic messages temporarily stored by electronic mail companies either for forwarding to addressees or for system integrity and security. The statute also protects the privacy of customer records and data electronically communicated and stored with entities providing remote computing services.

H.R. 3378 is comprehensive legislation designed to establish a rational overall protection scheme for private communications. Such an approach is essential. The heretofore piecemeal approach to the problem of communications privacy has created significant legal uncertainty. Because Title III is technology specific, new means of communication have no statutory privacy protection. While we believe messages communicated by new technologies are protected under the Fourth Amendment, communications privacy law unfortunately has not evolved into a coherent set of legal precedents. Because legal uncertainty threatens privacy rights as well as the viability and growth of new communications industries, Congress should enact this legislation. As you know, a broad coalition of business, computer, and communications firms support H. R. 3378.

H. R. 3378 would also clarify the warrant requirements of Title III and establish minimum safeguards for the investigatory use of new electronic survelliance techniques such as pen registers and tracking devices. We strongly endorse these provisions and urge their adoption.

In conclusion, we urge support for H. R. 3378 and will work for its enactment. We are anxious to work with you on this legislation.

ely

Berman

The Association of American Railroads (AAR), on behalf of the Railroad Industry of the United States, has been considering the above referenced proposed legislation. While having concern as to some of the specifics as advanced below in this letter, the AAR does support the broad aim of H.R. 3378 toward providing the legal protections of privacy and security which the new telecommunications and computer technologies need to better serve all of the American public.

Noting the foregoing, the railroads are interested in H.R. 3378 because the industry depends heavily upon telephone, mobile radio, and point-to-point microwave communications for the conduct of its operations in providing safe and reliable transportation service to the American public. Additionally the industry is a major user of computers and the telecommunications required to move large amounts of data to, from, and between computers. AAR's concern is that the proposed legislation, while striving to provide privacy, has a consequential effect in these communications areas that, unless clarified, could impair important railroad operations.

difference whether a person communicates with another party by having a phone conversation or sends the same message in text over a phone line using a computer, a modem, and an electronic mail service. Nor should it make a difference whether a communication is carried by wire, microwave, or cellular phone service.

H.R. 3378 would also establish essential privacy protection for certain electronic records generated by new forms of communication. It recognizes that privacy protection would be illusory if the statute only barred unathorized interception of messages while being communicated without also barring unauthorized private or unwarranted government access to electronically stored messages and data created by new communications technologies. For this reason, the statute would require the government to obtain a search warrant to obtain electronic messages temporarily stored by electronic mail companies either for forwarding to addressees or for system integrity and security. The statute also protects the privacy of customer records and data electronically communicated and stored with entities providing remote computing services.

H. R. 3378 is comprehensive legislation designed to establish a rational overall protection scheme for private communications. Such an approach is essential. The heretofore piecemeal approach to the problem of communications privacy has created significant legal uncertainty. Because Title III is technology specific, new means of communication have no statutory privacy protection. While we believe messages communicated by new technologies are protected under the Fourth Amendment, communications privacy law unfortunately has not evolved into a coherent set of legal precedents. Because legal uncertainty threatens privacy rights as well as the viability and growth of new communications industries, Congress should enact this legislation. As you know, a broad coalition of business, computer, and communications firms support H. R. 3378.

H. R. 3378 would also clarify the warrant requirements of Title III and establish minimum safeguards for the investigatory use of new electronic survelliance techniques such as pen registers and tracking devices. We strongly endorse these provisions and urge their adoption.

In conclusion, we urge support for H. R. 3378 and will work for its enactment. We are anxious to work with you on this legislation.

The Association of American Railroads (AAR), on behalf of the Railroad Industry of the United States, has been considering the above referenced proposed legislation. While having concern as to some of the specifics as advanced below in this letter, the AAR does support the broad aim of H.R. 3378 toward providing the legal protections of privacy and security which the new telecommunications and computer technologies need to better serve all of the American public.

Noting the foregoing, the railroads are interested in H.R. 3378 because the industry depends heavily upon telephone, mobile radio, and point-to-point microwave communications for the conduct of its operations in providing safe and reliable transportation service to the American public. Additionally the industry is a major user of computers and the telecommunications required to move large amounts of data to, from, and between computers. AAR's concern is that the proposed legislation, while striving to provide privacy, has a consequential effect in these communications areas that, unless clarified, could impair important railroad operations.