Monday, January 10, 2011

1986 Privacy Law Is Outrun by the Web; New York Times, 1/10/11

Miguel Helft and Claire Cain Miller, New York Times; 1986 Privacy Law Is Outrun by the Web:

"The rules established by the 1986 Electronic Communications Privacy Act depend on what type of information is sought and how old it is. And courts in different jurisdictions have interpreted the rules differently.

But in many cases, the government does not notify people that they are searching their online information or prove probable cause, and if the government violates the law in obtaining information, defendants are generally unable to exclude that evidence from a trial, Ms. Freiwald said."

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