All posts tagged ECPA

Microsoft Just Won a Big Victory Against Government Surveillance — Why It Matters

Daniel Solove
Founder of TeachPrivacy

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Yesterday, Microsoft won a huge case against government surveillance, a case with very important implications: In the Matter of a Warrant to Search a Certain E‐Mail Account Controlled and Maintained by Microsoft Corporation.

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Modernizing Electronic Surveillance Law

Daniel Solove
Founder of TeachPrivacy

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By Daniel J. Solove

Next year, there will be a milestone birthday for the Electronic Communications Privacy Act (ECPA) – the primary federal law that regulates how the government and private parties can monitor people’s Internet use, wiretap their communications, peruse their email, gain access to their files, and much more.

This is no ordinary birthday for ECPA. In 2016, ECPA turns 30. Little did anyone think that in 1986, when ECPA was passed, that it would still remain largely unchanged for 30 years. In 1986, the Cloud was just something in the sky. The Web was what a spider made.

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Should the U.S. Play By Different Rules in Cyberspace?

Daniel Solove
Founder of TeachPrivacy

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Recently, oral arguments were heard in a very important case in the U.S. Court of Appeals for the Second Circuit. The case is officially titled In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation, but it is being referred to as Microsoft v. United States for short.

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Surveillance Law in Dire Need of Reform: The Promise of the LEADS Act

Daniel Solove
Founder of TeachPrivacy

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By Daniel J. Solove

The law regulating government surveillance and information gathering is in dire need of reform. This law, which consists of the Fourth Amendment and several statutes, was created largely in the 1970s and 1980s and has become woefully outdated. The result is that law enforcement officials and intelligence agencies can readily find ways to sidestep oversight and protections when engaging in surveillance and data collection.

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