In recent years, there has been a big uproar courtesy of a certain reveal by a man named Edward Snowden, regarding digital privacy. To be more precise, it was about the lengths that groups went to in order to avoid any legal requirements when it came to accessing and using your personal information. The Electronic Communications Privacy Act looks to be the first, and hopefully the first of many, to enforce a legal right to digital privacy.
Governor Gerry Brown signed the Act taking it into full effect and I have no doubt that a wide variety of people will be happy about it. The Electronics Communications Privacy Act states that any, I repeat, any state law enforcement agency or any other investigative entity are required to have a warrant in order to obtain digital information (including information stored in the cloud, such as emails or text messages) and that they cannot ‘compel’ businesses to hand over this information without a warrant. It doesn’t end there though if they want to use your GPS to track you or even to search your phone, they will need a warrant for that too.
While not the first to outline in a legal document the requirement of a warrant for your data, or even your location, it is the first to cover things like metadata and your device searches. Many hope that this could be the first of many laws, with other states taking up their own versions of the Electronics Communications Privacy Act or pushing for these conditions to be placed on a national scale, affecting all agencies regardless of state.
Thank you Wired for the information.
Image courtesy of Falkvinge.