Bill Would Cover New Communications Technology : House Panel Extends Privacy Protection

A House panel on Wednesday approved legislation that would extend privacy protections for the first time to emerging new communications technologies, including electronic mail, cellular mobile telephones and certain data transmissions.

Supporters called the measure landmark legislation that was long overdue because the legal protections of the federal 1968 Wiretap Act are not adequate to cope with today’s explosion in communications technology.

“It is essential that Congress close the legal loopholes in the wiretap act created by new technologies,” said Rep. Robert W. Kastenmeier (D-Wis.), chairman of the House Judiciary subcommittee on courts, civil liberties and the administration of justice.

‘Protection They Deserve’

“If we fail to act, the personal and business communications of Americans will not have the privacy protection they deserve,” said Kastenmeier, a key sponsor of the bill.

The subcommittee’s approval of the proposed Electronic Communications Privacy Act of 1986 is the first major revision of the 18-year-old wiretap statute that permits law enforcement agencies to engage in court-authorized wiretapping and bugging of voice communications but outlaws others from such practices.

The bill, which subcommittee staff members said could move to the House floor next month, would extend wiretap protections to electronic communications while establishing ground rules for the search warrants and court orders needed by the government.

It also makes it illegal for people to use such devices as electronic scanners to listen to conversations of other people on cellular mobile telephones. Violators would be subject to a $500 fine and six months in jail, less stringent than current penalties.

‘Reflects Basic Feelings’

“I think the vote reflects the basic feelings of Americans that they expect their telephone conversations to be private,” said Robert W. Maher, executive director of the Cellular Telecommunications Industry Assn.

Interest in updating the legislation was sparked in recent years by the dramatic development of new types of electronic communications that have revolutionized how individuals and businesses communicate. For example, about 10 million people already use electronic mail, and another 340,000 have cellular mobile telephones.

Businesses in the communications industry say privacy protections are vital to ensure the continued viability and growth of these technologies.

A key factor in the emergence of the bill was support from an unusual coalition that included industry groups, the American Civil Liberties Union and the Justice Department.

Hailed as Victory

“We think this is a significant victory for citizen privacy and also a demonstration that a coalition can be formed to enhance citizen privacy,” said Jerry Berman of the ACLU.

The Justice Department initially opposed changes to the wiretap law that might hamper the government’s access to information stored or transmitted electronically. But, after negotiations with the staffs of the House and Senate judiciary committees, the department recently agreed to support the bill.

The bill does not deal with cordless telephones. Nor does it attempt to deal with computer crime--unauthorized access to data in a computer--and the issue of computer hackers. In addition, it does not tackle the controversy over access to satellite signals by homeowners with their own backyard receiving dishes.