Your E-Mail Privacy & Texas: 1st-in-Nation Bill Sent to Gov. Perry
Texas Insider Report: AUSTIN Texas
I am proud of what we were able to accomplish with HB 2268. With technology ever evolving bad actors will use every means available to further their pursuits said State Representative John Frullo (R-Lubbock) of his legislation which technology experts across the country say represents the nations strongest E-mail Privacy Bill.
House Bill 2268 expands the tools that law enforcement have at their disposal while affording Texans additional protections concerning our 4th Amendment rights. We task law enforcement with staying up-to-date on these new activities in order to protect all of us." State Representative John Frullo (R-Lubbock)
HB 2268 currently sits on Gov. Rick Perrys desk awaiting signature where he has until June 16th to sign or veto the bill.
Frullo & Senator John Caronas bill passed both houses of the Texas legislature without a single nay" vote and requires Texas state law enforcement to secure a judges warrant prior to demanding access to private e-mails regardless of the age of the e-mail.
While HB 2268 gives Texans more privacy protection against unwarranted state-level snooping of their inbox it would not protect against federal investigations. If enacted Texas would provide more privacy-conscious protections than the 25-year old 1986 Electronic Communications Privacy Act (ECPA) which requires federal law enforcement agencies to produce a warrant to access only recent e-mails that are unopened by the recipient.
In early May a new FBI Domestic Investigations Guide disclosed the FBI believes it has the authority to open e-mail whenever it wants essentially just like other federal agencies.
Currently there are no such Texas-like provisions in Federal Law for opened e-mail or for 
messages sitting in an inbox unopened for 180 days or more.
