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The Rising Issue of Warrantless Access to Electronic Data

PRIVACY LAW—U.S.

October 2, 2012

CSO reports on arguments being levied by the American Civil Liberties Union (ACLU) and the U.S. Department of Justice (DoJ) over government surveillance of citizens’ electronic communications. The ACLU has said the Electronic Communications Privacy Act (ECPA) is outdated and does not require court approval for “non-content” information. ECPA’s standard on “non-content” data is “based on an erroneous factual premise, specifically that individuals lack a privacy interest in non-content information,” said an ACLU representative, adding that non-content data paints a “vivid picture of the private details of your life.” Meanwhile, the U.S. Court of Appeals in New Orleans is scheduled to hear a government appeal regarding a warrantless request of cellphone location records, and California Gov. Jerry Brown vetoed a bill that would have required law enforcement to get a warrant prior to obtaining location-tracking data.
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