As previously reported, the House Subcommittee on the Constitution, Civil Rights, and Civil Liberties held a hearing titled “ECPA Reform and the Revolution in Cloud Computing” on September 23, 2010. Among the 11 witnesses were Edward Felten, Ph.D., Director of the Center for Information Technology Policy, and Paul Misener, Vice President of Global Policy for In his written testimony, Dr. Felten stated that “From the standpoint of technical and economic efficiency, the cloud offers substantial advantages for at least some users and businesses. ... To the extent that ECPA considerations dictate decisions to use the cloud or not, this makes computing less efficient and impedes progress toward better technology.” Mr. Misener stated in his written testimony that “[W]e believe that ECPA requires law enforcement authorities to obtain a search warrant to compel disclosure. ... If there is any significant ambiguity in ECPA, ... we would support legislation to clarify that compelled disclosure of content may only come as a result of a search warrant, regardless of the age of the communication.” The written testimony of each witness is available here.