Passed in 1986, The Electronic Communications Privacy Act (ECPA) was created in an era that not anticipated the internet or social media. Since its creation, however, little has changed in the terms of the ECPA or how it is implemented. The intent of the ECPA has also downplayed online privacy to emphasize the development of technology. The rights of people who use the internet particularly consumers is very important and should be emphasized. This article will discuss how the ECPA might potentially be reformed to achieve the goal of better protecting the privacy rights of consumers. It is important that all consumers who are interested in learning about their digital privacy rights understand the weaknesses and shortcomings of the ECPA.
The ECPA has received some changes over its history, but the language of the Act is still largely outdated. Changes should be made to the ECPA that specifically address how users share and communicate information over the internet as well as additional new digital sources including Amazon Echo, smart phones, and tablets. These laws should specifically address the specific privacy concerns that a user of the internet or these digital sources might have so that users can utilize the most modern technology without fear of losing their privacy.
Some of the most important aspects of technology today like long-term data storage were simply not around or capable of being anticipated at the time of the ECPA. As a result, the ECPA does not cover some of today’s most popular technology. As a result, there have been some ambiguities created in how the ECPA is applied which are sometimes manipulated by law enforcement. These loopholes in the ECPA must be resolved so that consumers understand the limitations and extent of the privacy rights.
There is a confusing body of laws and court decisions regarding how privacy laws should be applied. These laws should be more consistent and easily comprehensible so that consumers have an easier idea about what their exact rights are and how to best protect them. If more specific laws were added to the ECPA, consumers would know exactly what steps to take to protect their privacy.
A growing number of companies are starting to use cloud technology as the method for storing a company’s files and sharing this information among various employees. Because the ECPA did not anticipate the use of cloud technology, the Act does not discuss privacy rights in this situation. By having only an ambiguous and uncertain group of laws, the ECPA has let the privacy of companies and consumers at risk. This compromised privacy right is particularly serious because there is a risk that other foreign services will begin to offer similar services to domestic consumers. This change is also important to make sure that consumers have the most heightened privacy rights while using cloud services.
The ECPA dictates that a person’s privacy protections on email expire after 180 days. This limit, however, creates substantial obstacles because the role of e-mail has changed significantly since the ECPA was created. E-mail has gained a storage quality over time and many people today use email to store various records. In respect of this changed nature, the ECPA should change the length for which privacy rights are protected.
Attorney Stefan Coleman understands the many complex issues surrounding privacy rights and has helped individuals respond to these cases. If you or a loved one has questions about your privacy rights or is not certain about how the ECP or other laws apply to your privacy, you would likely benefit from speaking with privacy lawyer Stefan Coleman. The Law Offices of Stefan Coleman have successfully helped many individuals navigate the many complicated issues that arise concerning privacy rights.
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