There is a bill making its way through Congress that attempts to address these issues. It's the International Communications Privacy Act. The bipartisan bill—introduced by Sens. Orrin Hatch, R-Utah, Chris Coons, D-Del., and Dean Heller, R-Nev.—presents significant changes meant to reduce the temptation for law enforcement to overstep its bounds as it did against Microsoft by making MLATs viable options through greater transparency and accountability. More importantly, if implemented, it would codify into law a simple and clear standard: A warrant should always be required to access private information from a third party.
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