September 14, 2015 The Honorable Mitch McConnell Senate Majority Leader United States Senate Washington, D.C. 20510 The Honorable Harry Reid Senate Minority Leader United States Senate Washington, D.C. 20510 The Honorable John Boehner Speaker of the House of Representatives United States House of Representatives Washington, D.C. 20515 The Honorable Nancy Pelosi House Minority Leader United States House of Representatives Washington, D.C. 20515 Dear Speaker McConnell, Minority Leader Reid, Speaker Boehner, Minority Leader Pelosi: As you return from the August recess, we write as members of the Board of BSA The Software Alliance (BSA) to appeal for urgent action by Congress on five pending legislative efforts that will have an immediate positive impact on the digital economy. Each of our companies is a leader in developing software, creating information services and harnessing data to produce amazing results. Our products and services empower individuals, businesses, and organizations around the world, and are fueling the engines of growth worldwide. To achieve the full potential of these efforts, each of our companies depends on earning the trust of customers and individual users while operating within the laws of the jurisdictions where they operate. As software services and data analytics have grown exponentially, however, we need clarity and predictability in the legal regimes that guide government access to data. The laws governing the terms and conditions under which government can request and obtain data from third parties are badly in need of updating. To cite just one example, the Electronic Communications Privacy Act governs how law enforcement can access data in what we now call “the cloud.” It was enacted in 1986, years before most Americans had even heard of the Internet. Given this context, ECPA’s standards require updating to better reflect the reality of today’s online-enabled world. Congress has the near-at-hand opportunity to both improve trust in information technology, software and data services while also shaping the law in our online world. The United States is a critical leader with a proud history of rule of law and respect for individual rights. This leadership is necessary now to lay a solid and balanced foundation for growth of the global digital economy. We urge prompt House and Senate action on five pending legislative efforts:  ECPA Reform: The Email Privacy Act (H.R. 699) and the Electronic Communications Privacy Act of 2015 (S. 356) will clarify, for the digital age, the terms and conditions when our government agents can legitimately ask for data from third parties. 20 F Street NW, Suite 800 Washington, DC 20011 P 202-872-5500 W bsa.org Speaker McConnell, Minority Leader Reid, Speaker Boehner, Minority Leader Pelosi September 14, 2015 Page 2 • Mutual Legal Assistance Treaty Modernization (within the CJS appropriations process) will enhance the ability of US law enforcement to access critical information held overseas, while also dispelling international frustration about a backlog of cases that is leading to efforts to store data outside the United States. • Cyber Threat Information Sharing Legislation will promote cybersecurity and protect sensitive information by enabling private actors in possession of information about vulnerability and intrusions to more easily share that information voluntarily with others under threat, thus enabling the development of better solutions faster. • The Law Enforcement Access to Data Stored Abroad “LEADS” Act (H.R. 1174 and S. 512) will reassure the millions of international business and individuals that use US companies to store and process their data that they will have the protections of due process. • The Judicial Redress Act (H.R. 1428 and S. 1600) will help rebuild trust in cross-border data flows by giving standing to the citizens of our allies under US privacy laws. We stand ready to work with you in every way we can to promote trust in the digital economy, the software and technologies that make it work, trust in the rule of law, and respect for individual rights. Thank you for your attention to this important agenda. Sincerely, Michael A. Dillon Senior Vice President, General Counsel and Corporate Secretary Adobe Systems, Inc. Tim Hale Chief Legal Officer Altium, Inc. Bruce Sewell Senior Vice President and General Counsel Apple Inc. Pascal W. Di Fronzo Senior Vice President, General Counsel and Secretary Autodesk, Inc. Michael Bisignano Executive Vice President & General Counsel CA Technologies Clint Smith General Counsel DataStax 20 F Street NW, Suite 800 Washington, DC 20011 P 202-872-5500 W bsa.org Speaker McConnell, Minority Leader Reid, Speaker Boehner, Minority Leader Pelosi September 14, 2015 Page 3 Daniela Combe Vice President, Assistant General Counsel -Software & Systems IBM Corporation Bradford L. Smith President and Chief Legal Officer Microsoft Corporation Bruce Pincus General Counsel and Corporate Secretary Minitab, Inc. Dorian Daley Executive Vice President, General Counsel, and Secretary Oracle Corporation Burke Norton Chief Legal Officer Salesforce.com Steven W. Dietz Senior Vice President, General Counsel and Secretary Siemens PLM Software Scott Taylor Executive Vice President, General Counsel and Secretary Symantec Corporation Victoria A. Espinel President and CEO BSA The Software Alliance Cc: The Honorable Charles E. Grassley Chairman Judiciary Committee United States Senate The Honorable Patrick J. Leahy Ranking Member Judiciary Committee United States Senate The Honorable Bob Goodlatte Chairman Judiciary Committee House of Representatives The Honorable John Conyers Ranking Member Judiciary Committee House of Representatives The Honorable Richard Burr Chairman Select Committee on Intelligence United States Senate The Honorable Dianne Feinstein Ranking Member Select Committee on Intelligence United States Senate 20 F Street NW, Suite 800 Washington, DC 20011 P 202-872-5500 W bsa.org Speaker McConnell, Minority Leader Reid, Speaker Boehner, Minority Leader Pelosi September 14, 2015 Page 4 The Honorable Devin Nunes Chairman Permanent Select Committee on Intelligence House of Representatives The Honorable Adam B. Schiff Ranking Member Permanent Select Committee on Intelligence House of Representatives The Honorable Thad Cochran Chairman Appropriations Committee United States Senate The Honorable Barbara A. Mikulski Ranking Member Appropriations Committee United States Senate The Honorable Harold Rogers Chairman Appropriations Committee House of Representatives The Honorable Nita M. Lowey Ranking Member Appropriations Committee House of Representatives The Honorable Ron Johnson Chairman Homeland Security and Governmental Affairs Committee United States Senate The Honorable Thomas R. Carper Ranking Member Homeland Security and Governmental Affairs Committee United States Senate The Honorable Michel T. McCaul Chairman Homeland Security Committee House of Representatives The Honorable Bennie G. Thompson Ranking Member Homeland Security Committee House of Representatives 20 F Street NW, Suite 800 Washington, DC 20011 P 202-872-5500 W bsa.org