A consensus is emerging among technology companies, civil society, judges, law enforcement officials and other stakeholders on the need to modernize our country’s antiquated digital data laws. The Electronic Communications Privacy Act (ECPA) – enacted nearly 31 years ago – was written at a time when American industry’s technology, customer base and infrastructure were largely domestic. Congress never contemplated the need to establish rules for law enforcement to access data belonging to non-U.S. persons located abroad, or where technology companies are subject to conflicting legal obligations in another country.
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