California Governor Signs Digital Privacy Law Protecting Against Warrantless Surveillance | Practical Law

California Governor Signs Digital Privacy Law Protecting Against Warrantless Surveillance | Practical Law

The Governor of California has signed into law the California Electronic Communications Privacy Act (CalECPA), which updates the state's digital privacy laws to protect against warrantless surveillance of residents' digital communications.

California Governor Signs Digital Privacy Law Protecting Against Warrantless Surveillance

by Practical Law Intellectual Property & Technology
Published on 12 Oct 2015 • California
The Governor of California has signed into law the California Electronic Communications Privacy Act (CalECPA), which updates the state's digital privacy laws to protect against warrantless surveillance of residents' digital communications.
On October 8, 2015, California Governor Jerry Brown announced that he signed into law SB 179, the California Electronic Communications Privacy Act (CalECPA).
CalECPA prohibits law enforcement from accessing an individual's electronic communication information or electronic devices without a search warrant or subpoena, whether by compelling an individual or an individual's service provider to disclose the information. It further prohibits law enforcement from accessing electronic communication information by physically manipulating an individual's electronic device.
Electronic communication information is defined to include:
  • The contents, sender, recipients, format, or location of the sender or recipients at any point during the communication.
  • The time or date the communication was created, sent or received.
  • Any information pertaining to any individual or device participating in the communication, including but not limited to an IP address.
After obtaining a search warrant, wiretap order or subpoena, law enforcement may compel the production of or access to an individual's electronic communication information from a service provider. Law enforcement may access an individual's electronic communication information through physical manipulation of the device after obtaining a search warrant, wiretap order or specific consent from the owner of device.