Digital Due Process

The Electronic Communications Privacy Act (ECPA) was a forward-looking statute when enacted in 1986. It specified standards for law enforcement access to electronic communications and associated data, affording important privacy protections to subscribers of emerging wireless and Internet technologies. Technology has advanced dramatically since 1986, and ECPA has been outpaced. The statute has not undergone a significant revision since it was enacted in 1986 - light years ago in Internet time.

As part of a broad coalition of privacy groups, think tanks, technology companies, and academics, the Electronic Frontier Foundation (EFF) has issued recommendations for strengthening the federal privacy law that regulates government access to private phone and Internet communications and records, including cell phone location data.

The Digital Due Process coalition includes major Internet and telecommunications companies including Google, Microsoft, and AT&T, as well as advocacy groups such as the American Civil Liberties Union and the Center for Democracy & Technology. The coalition has joined together to preserve traditional privacy rights and clarify legal protections in the face of a rapidly changing technological landscape.