What is the legal framework for online surveillance?
In California, online surveillance is regulated by both state and federal laws. California’s online surveillance laws are set out in the California Constitution, the California Penal Code, and other laws and regulations. These laws govern the activities of law enforcement agencies, private businesses, and individuals. Generally speaking, online surveillance laws in California require that those conducting surveillance have a reasonable suspicion that the individual is engaging in criminal activity. Before any surveillance can begin, a valid court order must be obtained. This court order must be based on evidence that shows that there is probable cause to believe that the individual has committed a crime or is about to commit a crime. In addition to obtaining a court order, those engaging in online surveillance must also adhere to other regulations, such as notifying the individual that they are being watched and providing them with a copy of the court order. Those engaged in online surveillance must also limit the scope of their activities and refrain from collecting information not relevant to the criminal investigation. At the same time, California also recognizes certain exceptions to online surveillance. State law enforcement agencies can perform online surveillance without obtaining a court order for certain activities, such as monitoring terrorist activity or the activity of intruders, and conducting surveillance in public places, such as airports and schools. Overall, California has established a robust legal framework for online surveillance. Online surveillance is only allowed under certain conditions and must adhere to specific laws and regulations. This framework is necessary to protect the privacy and security of individuals while also allowing law enforcement to investigate crimes and protect the public.
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