We fight to ensure that Fourth and Ninth amendments translate to the digital world.
This is a crucial time for courts and legislators to establish principles pertaining to government access to data. Courts are now laying the foundation for the Fourth Amendment (search and seizure) applies to a digital environment with recent decisions such as the Supreme Court’s ruling to impose limits on how cell phone data can be accessed in law enforcement investigations. Meanwhile, current laws such as the Electronic Communications Privacy Act (ECPA) allow for warrantless access to data.
Government information collection is important for matters such as national security and criminal investigations, but for consumers and society, it’s important that government access to data follows due process requirements, has a real positive impact on law enforcement activities, and does not undermine consumer confidence in the privacy of data.