As the FBI
and Apple fight a media war over whether the federal government can
force the computer company to hack an iPhone, in California a new
privacy law is raising questions over how deeply government should be
allowed to peer into a convicted criminal’s digital life.
That new
law, the California Electronic Communications Privacy Act (CalECPA),
requires law enforcement to obtain a warrant before searching a
person’s cellphone, laptop, or any digital storage device. At issue
is whether the law covers people on probation, parole, and other
forms of supervised release who’ve agreed to what’s known as a
“Fourth waiver,” a condition that allows law enforcement to
search their person and property at any time.
CalECPA took
effect on January 1, 2016. Three days later, San Diego County
prosecutors and Superior Court judges began asking defendants who
were eligible for probation to sign a form giving “specific
consent” to county probation officers “and/or a law enforcement
government entity” to collect information that would be otherwise
protected under CalECPA.
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