site is gregory nojeim at the center for democracy and technology. what is the current law when it comes to law enforcement and e-mails and cell phones? >> guest: the short answer is that is confused and the longer answer is for e-mail that is less than 180 days old law enforcement need to warrant -- for e-mail more than 180 years old, it is just a subpoena, so there's no judicial intervention, no high standard of proof. for documents you store in the clouds, if you store something with google docs and come back and edit it, that is available with a subpoena. cell phones, there is no statutory provision about location information. so the courts have been in different places. some say if it is real-time location, for that they need a warrant. others say this gps location for that they need a warrant. there is not a clear rule yet for cell phone. >> host: what are the changes the judicial committee has approved? >> guest: they focus on content of communications. they said it should matter how will the content is. it shouldn't matter whether you stored

gregory nojeim is with the center of technology. he spent many years as the associate director legislative counsel of the washington office. next area of discussion? >> is there any risk of impeding litigation? the securitiesf and exchange commission, and they want to get information from you. they want to know something about whether the company is engaging in illegal business practices. does this impede the investigation? >> you could use google as an example. google acts both as a provider of communications and is a provider of communication to its employees. what i think the world ought to look like is that if they are investigating google and they want to get the corporate records, it they should be able to serve a subpoena and get the records. that is what the legislation is intended to do. if they are doing an investigation of somebody else to has age e-mail account and your e-mail is not a global corporate record, and that is where the rub is. the ftc and sec want to be able to go to the providers with subpoenas to get this