Old Calif. Privacy Law Is Poor Fit For New Technology

Law360, New York (September 11, 2012, 4:28 PM EDT) -- With the recent explosion of new technology, there have been a host of legal theories pursued by litigants seeking application of dated statutes to new technology. Courts have recognized that older statutes are often a poor fit for new technology. With respect to the Electronic Communications Privacy Act, for example, the Ninth Circuit recognized: “The ECPA was written prior to the advent of the Internet and the World Wide Web. As a result, the existing statutory framework is ill-suited to address modern forms of communication ....
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