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

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