In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to afford privacy protections to electronic communications and it has not changed since its inception. The ECPA has proven problematic as technology has advanced, but Congress has not modified the law to reflect this change. Courts have struggled to apply the law to both old technologies that have been updated and new technologies that have emerged. The ECPA needs to be revised to reflect the new advances in technology or be repealed and replaced with a new approach. This will ensure that consumer data will be safeguarded while in the hands of data provider companies.
"Fixing What’s Broken: The Outdated Guidelines of the SCA and Its Application to Modern Information Platforms,"
Touro Law Review: Vol. 37:
3, Article 11.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol37/iss3/11