The Department of Justice has changed its tune on reform of the Electronic Communications Privacy Act (ECPA). Acting Assistant Attorney General Elana Tyrangiel, in prepared testimony before the Subcommittee on Crime, Terrorism, Homeland Security and Investigations of the House Judiciary Committee, conceded that it makes no sense to accord greater privacy protection to electronic communications stored for 180 days or less than those stored longer. This concession increases the likelihood that Congress will amend ECPA to require a search warrant for most, if not all, electronic communications held by service providers. At the same time, though, DoJ is urging Congress to make it easier for the government to obtain communications content as part of civil enforcement actions and civil litigation, or in any corporate investigation. DoJ’s proposals should make ECPA a matter of great interest to any company that has to deal with federal regulators or faces litigation with the government.