California’s Electronic Communications Privacy Act (CalECPA): A Case Study in Legislative Regulation of Surveillance

The Cambridge Handbook of Surveillance Law, David Gray ed. Stephen E. Henderson ed, Cambridge University Press (October 12, 2017)

19 Pages Posted: 16 Nov 2018

See all articles by Susan Freiwald

Susan Freiwald

University of San Francisco School of Law

Date Written: 2017

Abstract

This chapter looks in depth at a state surveillance law passed in 2016, the California Electronic Communications Privacy Act (CalECPA). CalECPA provides a good case study for how legislation may regulate surveillance given its unprecedented scope, high procedural hurdles, and strong remedies, and because of the ways it promotes transparency and limits the overcollection of private data. In addition to comparing CalECPA’s provisions to its federal counterparts, this chapter describes the process by which CalECPA became law. Finally, it discusses some of its most significant innovations and the limits of its achievements.

Keywords: California Electronic Communication Privacy Act, CalECPA. survelliance

Suggested Citation

Freiwald, Susan, California’s Electronic Communications Privacy Act (CalECPA): A Case Study in Legislative Regulation of Surveillance (2017). The Cambridge Handbook of Surveillance Law, David Gray ed. Stephen E. Henderson ed, Cambridge University Press (October 12, 2017). Available at SSRN: https://ssrn.com/abstract=3285424

Susan Freiwald (Contact Author)

University of San Francisco School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States
415-422-6467 (Phone)
415-422-6433 (Fax)

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