California May Limit Law Enforcement’s Warrantless Data Collection

Eager to retain its spot among the principal laboratories for domestic privacy legislation, California's legislature is set to debate Senate Bill 178, legislation restricting state law enforcement agencies from requesting data without a warrant. Five other states have adopted similar legislation in recent months, and California's proposal largely follows that trend.

Broad Definitions Cover Most Electronic Communication Service Providers

SB 178, known as the Electronic Communications Privacy Act (or CalECPA, for short), curtails California's law enforcement agencies ability to compel companies providing "electronic communications services" from producing "electronic communication information" without a warrant, a wiretap order, or a showing of exigent circumstances. It also limits law enforcements' ability to conduct warrantless searches of mobile devices.