What is the legal framework for online surveillance?

The legal framework for online surveillance in Michigan is set by the state’s cybersecurity laws. The Michigan Electronic Surveillance Control Act (MESCA) sets the standards for law enforcement agencies in interacting with electronic data. The law was last updated in 2020, and its main purpose is to protect the rights of citizens while still allowing law enforcement to monitor or search electronic devices when necessary. MESCA requires that law enforcement agents obtain a warrant from a judge in order to search electronic devices. Without a warrant, an agent cannot search or monitor an electronic device. The warrant must specify the device or electronic data to be searched, the reason for the search, and the duration of the search. Additional laws protect the privacy of electronic data in Michigan. For example, the Michigan Video Surveillance Privacy Act requires companies to get consent before collecting, sharing, and using video recordings from surveillance cameras. The statute also requires companies to post signs warning customers that video recordings are being collected and to delete or de-identify recordings within 90 days. Finally, the Michigan Cybersecurity Law prohibits companies from collecting personally identifiable information without the owner’s consent. The law also requires companies to encrypt any data they collect and to notify customers if their data is ever breached. Overall, the legal framework for online surveillance in Michigan is stringent and designed to protect citizens’ rights while still allowing law enforcement to search electronic devices when necessary.

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What is the legal framework for online surveillance?

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