Over the last couple of days, two federal appeals court decisions have concluded that the key federal statute setting standards for government surveillance has not kept up with technological progress and that the Constitution demands more. The CDT-led Digital Due Process (DDP) coalition has been fighting for reform of that statute, the Electronic Communications Privacy Act (ECPA), over the last year for precisely those reasons. CDT, which co-signed amicus briefs in both cases, will continue to work with its civil liberties partners to urge other circuit courts to similarly rule in favor of extending Fourth Amendment protections to new technologies. At the same time, these cases demonstrate plainly that the time for legislative ECPA reform has come.
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