Texas Enacts Stringent Email Privacy Bill

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On June 14, Texas enacted HB 2268, which amends current state law relating to “search warrants issued in [that] state and other states for certain customer data, communications, and other related information held in electronic storage” by “electronic communications services and remote computing services” providers. Among other things, the bill requires law enforcement to obtain a warrant to search emails, regardless of the age of the emails. The requirement exceeds the privacy protections granted by the federal Electronic Communications Privacy Act, which allows warrantless searches of emails left unopened for 180 days.

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