It’s time to reform government surveillance laws

Posted by Susan Molinari, VP Public Policy 

The revelations about government surveillance practices—both in the U.S. and globally—over the past eight months have sparked a serious and overdue debate about the nature and scope of existing laws and programs. Today, many organizations and companies are participating in “The Day We Fight Back,” a series of events and awareness campaigns highlighting the urgent need for surveillance reform around the world.

Google recognizes the very real threats that the U.S. and other countries face, but we strongly believe that government surveillance programs should operate under a legal framework that is rule-bound, narrowly tailored, transparent, and subject to oversight.

In December, along with other technology companies, we unveiled a set of government surveillance reform principles that address many of the recent concerns around government surveillance. In Congress, Representative Sensenbrenner (R-Wis.) and Senator Leahy (D-Vt.) have introduced legislation—the USA Freedom Act—that would codify many of these principles. As they both noted when introducing this bill, government surveillance programs “have come at a high cost to Americans’ privacy rights, business interests and standing in the international community.”

The USA Freedom Act reflects some of the key recommendations made by the President’s Review Group on Intelligence Communications and Technologies as well as the Privacy and Civil Liberties Oversight Board. We support this legislation and we urge Congress to enact it into law.

But there’s more that can be done as we consider appropriate reforms to government surveillance laws. Congress should update the Electronic Communications Privacy Act (ECPA) to require governmental entities to obtain a warrant before they can compel online companies to disclose the content of users’ communications. Legislation introduced by Senators Leahy and Lee (R-Utah) in the Senate and Representatives Yoder (R-Kan.), Graves (R-Ga.), and Polis (D-Colo.) in the House would achieve that goal. More than 100 companies, trade associations, and consumer groupsand more than 100,000 Americans—have signed on to support this important update to ECPA, which no longer reflects users’ reasonable expectations of privacy.

We will continue to press Congress to adopt these important measures, which would represent significant progress in the broader effort to reform government surveillance laws. If you want to receive updates from us, please visit google.com/takeaction and sign up.