Privacy Protection Act of 1980

Congress enacted the Privacy Protection Act ("PPA") to reduce the chilling effect of law enforcement searches and seizures on publishers. The PPA prohibits government officials from searching or seizing any work product or documentary materials held by a "person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication," unless there is probable cause to believe the publisher has committed or is committing a criminal offense to which the materials relate. The PPA effectively forces law enforcement to use subpoenas or voluntary cooperation to obtain evidence from those engaged in First Amendment activities.

Many commentators believe the PPA extends protection to computer bulletin boards and on-line systems under the "other form of public communication" clause of the Act. However, the only case to present this question to a court, Steve Jackson Games, Inc. v. United States Secret Service , failed to resolve the issue. In Steve Jackson Games, the Secret Service seized a computer game publisher's electronic bulletin board system, e-mail and electronic files to search for evidence involving an employee of the company. The court decided the PPA protected the seized property, but based its decision on the fact that the company published traditional books, magazines and board games.