On October 8, 2015, California Governor Jerry Brown signed the California Electronic Communications Privacy Act (CalECPA) into law. This law basically prevents the government from accessing private electronic communications or electronic data without a warrant, subpoena or wiretap order, or without consent of the appropriate individual. State Senator Mark Leno explained the impetus for seeking to pass this legislation: “For what logical reason should a handwritten letter stored in a desk drawer enjoy more protection from warrantless government surveillance than an email sent to a colleague or a text message to a loved one?” Kim Zetter, “California Now Has the Nation’s Best Digital Privacy Law,” WIRED Magazine, Oct. 8, 2015.
As the Electronic Frontier Foundation summarized, “CalECPA protects Californians by requiring a warrant for digital records including emails and texts, as well as a user’s geographical location.” Dave Maass, “Victory in California! Gov. Brown signs CalECPA, Requiring Police to Get a Warrant Before Accessing Your Data,” Electronic Frontier Foundation, Oct. 8, 2015.
The law focuses on two kinds of data sets: “electronic communication information” and “electronic device information.” 2015 Cal. Stat. Ch.651. Continue reading