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https://www.hatch.senate.gov/public/index.cfm/releases?ContentRecord_id=6542A9B4-DABA-48C8-9671-98125213075A Hatch Urges DOJ to Work with Congress on ICPA 2016-10-13 2016 2016-10 Republican House UT Orrin Hatch H000338 www.hatch.senate.gov     legacy Washington, D.C.—Senator Orrin Hatch, R-Utah, joined by Senator Chris Coons, D-Del., and Representatives Tom Marino, R-Pa., and Suzan Del Bene, D-Wash., sent a letter Thursday to Attorney General Loretta Lynch urging the Department of Justice to work with Congress to fine-tune the International Communications Privacy Act (ICPA).   They wrote, “As sponsors of the International Communications Privacy Act (ICPA), we are committed to establishing a legal standard for accessing extraterritorial electronic communications. ICPA clarifies when and how law enforcement can obtain electronic communications of U.S. citizens, no matter where the person or the communications are located. The bill also provides mechanisms by which U.S. law enforcement can—in limited circumstances and consistent with international law—obtain electronic communications of foreign citizens. We write to seek your continued engagement on this important issue and urge the Department of Justice to work with us in fine-tuning ICPA.”  The full letter is below and can be found here:   October 13, 2016 Dear Attorney General Lynch: As sponsors of the International Communications Privacy Act (ICPA), we are committed to establishing a legal standard for accessing extraterritorial electronic communications. ICPA clarifies when and how law enforcement can obtain electronic communications of U.S. citizens, no matter where the person or the communications are located. The bill also provides mechanisms by which U.S. law enforcement can—in limited circumstances and consistent with international law—obtain electronic communications of foreign citizens. We write to seek your continued engagement on this important issue and urge the Department of Justice to work with us in fine-tuning ICPA.  In July, the U.S. Court of Appeals for the Second Circuit held in Microsoft v. United States that the Electronic Communications Privacy Act (ECPA) does not authorize U.S. law enforcement officials to access electronic communications stored outside the United States. The concurring opinion in Microsoft emphasized the need for legislative action “to revise [the] badly outdated statute” and recommended that Congress review ECPA “thoughtfully and dispassionately” to ensure that it serves contemporary needs.  That is why for nearly two years, we have advanced legislation to establish a legal standard for accessing extraterritorial electronic communications. The government’s current position presents unique challenges for a number of industries that increasingly face a conflict between U.S. law and the laws of other countries. For example, when technology companies receive demands from U.S. law enforcement to turn over data on behalf of foreign customers, they are forced to make a difficult decision: either comply with the demand and satisfy U.S. law and risk violating the privacy laws of the host country, or challenge U.S. law enforcement’s request in order to comply with the laws of the host jurisdiction. No one should be placed in this untenable situation.  We are committed to working collaboratively with you and your staff to enact a successful legislative solution that strengthens privacy and promotes trust in U.S. technologies worldwide while enabling law enforcement to fulfill its important public safety mission. Sincerely,                                         Christopher A. Coons                                                              Orrin G. Hatch U.S. Senator                                                                             U.S. Senator                                                 Suzan DelBene                                                                        Tom Marino U.S. Representative                                                                U.S. Representative 1 2026-03-30T12:14:52Z 2026-03-30T12:14:52Z