California Law Says Electronic Search Data Must Be Posted Online. So Where Is It?

When it was passed in 2015, the California Electronic Communications Act (CalECPA) was heralded as a major achievement for digital privacy, because it required law enforcement to obtain a warrant in most cases before searching a suspect’s data, be it on a personal device or on the cloud. But the law also contained a landmark transparency measure: the legislature ordered the California  Department of Justice (CADOJ) to publish a regularly updated dataset of these search warrants on its website. 

Up until last year, CADOJ was doing a pretty good job at uploading this data to its OpenJustice website, where it hosts a number of public datasets related to criminal justice. Advocacy groups and journalists used it to better understand the digital search landscape and hold law enforcement accountable. For example, the Palm Springs Desert Sun analyzed the data and found that San Bernardino County law enforcement agencies were by a large margin filing more electronic search warrants than any other jurisdiction in the state. The Markup also published a piece highlighting a troubling discrepancy between the number of search warrants based on geolocation (a.k.a.geofence warrants) self-reported by Google and the number of search warrants disclosed by agencies to the California Department of Justic

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