The New York Times reports on the lack of consensus among U.S. lawmakers and judges on whether and when law enforcement has the right to search a suspect’s cellphone. Electronic Frontier Foundation’s Hanni Fakhoury said, “The courts are all over the place.” According to the report, the issue will garner attention on Thursday when a Senate committee considers changes to the Electronic Communications Privacy Act (ECPA). Ohio State University Law Prof. Peter Swire, CIPP/US, said neither ECPA nor the Constitution took “into account what the modern cellphone has—your location, the content of communications that are easily readable, including Facebook posts, chats, texts and all that stuff.” (Registration may be required to access this story.)
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