What is the legal framework for online surveillance?

In California, the legal framework for online surveillance is laid out in the California Electronic Communications Privacy Act (CalECPA). CalECPA is the most comprehensive digital privacy law in the United States, regulating governmental access to electronic communication and data stored on electronic devices. This law requires law enforcement agencies to secure a warrant before accessing content stored on or transmitted through electronic devices, with some exceptions. These exceptions include emergency situations, when the user gives their consent to access, or when the content is on a publicly accessible website. The law also requires government agencies to follow strict procedures when collecting people’s online data, including informing the user of the surveillance, and getting a warrant signed by a judge, based on probable cause. Additionally, CalECPA prohibits any law enforcement harassment or abuse of online surveillance tools. Violators of the law can face both civil and criminal penalties. Overall, CalECPA protects the privacy of Californians by establishing a comprehensive legal framework for online surveillance within the state. This law ensures that the government can only access user data with a valid warrant, and that law enforcement agencies must follow strict procedures when doing so.

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What is the legal framework for online surveillance?

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