This Article engages with and contributes to the academic literature on electronic communications privacy by providing the first detailed assessment of California's groundbreaking legislation. It provides judges and practicing attorneys with practical information on how to interpret and apply CalECPA. In addition, because it analyzes the statute's innovations and the questions it leaves unanswered, those considering whether to replicate CalECPA's provisions in Congress, as well as statehouses across the country, will find it valuable.
Details
Title
At the Privacy Vanguard: California's Electronic Communications Privacy Act (CalECPA)
Note
I owe thanks to Mario Iskander, Everett Monroe,
Arlette Noujaim, and Chi Vu for their excellent research assistance and Chris Conley,
Nicole Ozer, Lee Tien, and attendees of the Privacy Law Scholars' conference in June of
2016 for their exceptionally helpful editing suggestions and discussions about CalECPA.
I served as an issue expert for CalECPA's authors, State Senators Mark Leno and Joel
Anderson, and as a member of the bill's policy and language teams. In that capacity, I
helped answer questions about the bill's language, testified at legislative committee
hearings about its legal impact, and coordinated dozens of academic colleagues to send a
scholarly support letter to California Governor Jerry Brown.
