At the Privacy Vanguard: California's Electronic Communications Privacy Act (CalECPA)

Abstract

This short article engages and contributes to the academic literature on electronic communications privacy by providing the first detailed assessment of California’s groundbreaking legislation. It provides judges and practicing attorneys with practical information on how to interpret and apply the CalECPA. In addition, because it analyzes the statute’s innovations and the questions it leaves unanswered, it will be valuable to those considering whether to replicate CalECPA’s provisions in Congress, as well as statehouses across the country.

Keywords: electronic communications, privacy, CalECPA, ECPA, Electronic Communications Privacy Act, criminal procedure, law enforcement surveillance