salsburg.> we agree with that. >> thank you. you know, five years, we talk about the united states v. warshach, i'll ask the same question of both mr. ceresney and mr. salsburg. since that ruling has the sec or the ftc obtained e-mail content through a subpoena issue today a third party provider -- issued to a third party provider? >> we have not, senator leahy, but we've done so this an excess of caution, and i think in deference to the informed cushions that have been going -- discussions that have been ongoing in congress. our view -- >> and in deference to a 5-year-old sixth circuit case which has not been overturned? >> no. our view is it does not deny the authority to obtain e-mail through an administrative subpoena. from our perspective, it involved a grand jury subpoena with no notice to the subscriber. we always have given notice to subscribers, and there's a long line of supreme court and other circuit cases that say that an administrative subpoena with notice to a subscriber complies

salsburg. since that ruling, has the fcc or the ftc obtained e-mail content through a subpoena issued to a third-party provider? >> we have not, senator leahy, but we've done so in an excess of caution and in deference to the reform discussions that have been ongoing in congress. >> and in deference to five-year-old six circuit case which has not been overturned? >> our view is warshack does not deny us the authority to obtain e-mails through an administrative subpoena. we have always given notice to subscribers. there's a long line of supreme court and other circuit cases that says an administrative subpoena complies with the fourth amendment. >> we have not sought e-mail content after the warshack decision or since. >> you have sought a legislative solution from congress in the past five years? >> no, we have not sought a solution until now. >> we have obviously offered over the last few years to have ongoing discussions, and we have had discussions. >> have you made a proposal? >> we have. >

salsburg, that the final portion of your testimony, a little surprising. i did not expect to the ftc's bureau of consumer protection suggesting that the ecpa amendments act be significantly rewritten to give ftc brought authority to obtain the a simple court order americans e-mail content from third party service providers. and then this morning we received commissioner bersin statement expressing her concern about this proposal. commissioner brill notes that it is a quote exceedingly rare that it would be useful for the ftc to seek content through ecpa. she highlights the cost for america's privacy as well as the question of fish now the or potential -- obtaining content with just such a court order. or with just a court order. i realize your oral presentation today reflects only your views, but i'm interested in your views and data that you may have come setting aside potential constitutional concerns for the moment. do you have any data, in case statistics to support your claim that india expansion of ftc the authority to obtaining meal content is neede

with what awaits them and so much uncertainty they are faced with and believe they will be going to salsburghen to germany but they are not 100% sure and officials we spoke with were not sure when the train was going to come here and leave and it's a chaotic situation and it's much more under control in hungry than where we were a few days ago but people have a lot more questions than they have answers at this hour. >> we heard angela merkel warning those who made the journey but come from what she called secure countries will be asked to return. the people you have been speaking to for the most part, where are they from? >> most of the people i've spoken with are from sheer -- syria and many escaped dire situations and one man from idlib said he narrowly escaped with his life because of barrel bombings happening to his home close to there and when he was this hungry in budapest he said if he had known the kind of treatment he would face in hungry but officials there he would not have left syria. i also met a lot of people from iraq and they are desperate as well and they left because it's a

salsburg received his undergraduate and law degree from the university of pennsylvania. want to thank all of you for testifying. >> chairman grassley, ranking member leahy, and members of the committee, thank you for the opportunity to testify on behalf of the department of justice regarding the electronics communications privacy act or ecpa. i look forward to discussing with the committee how the department uses ecpa and how the statute might be updated and improved. ecpa has always sought to improve -- while safe guarding individual privacy. it is important that ecpa reform efforts remain focused on maintaining both goals. electronic communications play a vital role in government investigations. indeed as technology has advanced and as electronic data and storage have augmented traditional means of communicating and storing information, governmental access to data is more important. ecpa is critical to tracking down criminals in investigations into murder, kidnapping, organized crime, child exploitati exploitation, identity theft, terrorism, and more, but criminal inve

salsburg received his undergraduate and law degree from the university of pennsylvania.i want to thank all of you for testifying. we'll do it in the order we did. so proceed, elena. >> thank you. >> chairman grassley, ranking member leahy, and members of the committee, thank you for the opportunity to testify on behalf of the department of justice regarding the electronics communications privacy act or ecpa. we appreciate the opportunity to engage with the committee on this topic, which is of particular importance to the department. i look forward to discussing with the committee how the department uses ecpa and how the statute might be updated and improved. ecpa has always sought to ensure that the government can perform its safety and criminal enforcement mission while safeguarding individual privacy. it is important that ecpa reform efforts remain focused on maintaining both goals. electronic communications play a vital role in government investigations. indeed as technology has advanced and as electronic data and storage have augmented traditional means of communicat

salsburg received his undergraduate and law degree from the university of pennsylvania. i want to thank all of you for testifying. >> chairman grassley, ranking member leahy, and members of the committee, thank you for the opportunity to testify on behalf of the department of justice regarding the electronics communications privacy act or ecpa. i look forward to discussing with the committee how the department uses ecpa and how the statute might be updated and improved. ecpa has always sought to improve -- while safe guarding individual privacy. it is important that ecpa reform efforts remain focused on maintaining both goals. electronic communications play a vital role in government