State Law Enforcement Access to Customer Records of Communication Companies

Overview

In response to California Senate Bill SCR 54 (State. Res. Chapter 115, Statutes of 2013), the California Law Revision Commission has been tasked with modernizing California statutory law on law enforcement access to customer records of cell phone providers, internet service providers, social media companies, and other mobile and internet-based communication providers. Students worked directly with the Commission to prepare a thorough and balanced background study of the relevant legal and policy concerns, including civil liberties, public safety, and the scope of federal preemption in the area, with an emphasis on new and emerging communication services. This is a high profile project, with close attention from the California Legislature and many state and national interest groups. This project involves complex issues under the Fourth Amendment and such statutory structures as the Electronic Communications Privacy Act. Students are required to have completed coursework in Criminal Investigation and/or have experience researching Fourth Amendment law.

Faculty

Clients & Deliverables

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This practicum advised the California Law Revision Commission on legal and policy concerns relevant to California Senate Bill SCR 54 (State. Res. Chapter 115, Statutes of 2013), which focuses on state and local government agencies’ access to customer information from communications service providers. Students researched and wrote a full background report, addressing civil liberties, public safety, and the scope of federal preemption in the area, with an emphasis on new and emerging communication services.