April 13, 2010
The Constitutional Issues of Cloud Computing
There is an interesting read on The Red Tape Chronicles blog about groups who are trying to lobby changes to the Electronic Privacy Communications Act of 1986 so that the law is
"technologically neutral," meaning that search and seizure requirement would apply uniformly, regardless of the technology involved. That would mean a private communication -- be it handwritten or electronic -- would be governed by the same rules of evidence gathering. They also want to clear up inconsistencies in the application of federal law. Currently, in some cases, there's a lower legal standard for law enforcement to intercept an e-mail in transit than for that same agencies to read an e-mail stored on a recipient's computer. In other words, a single e-mail can be governed by various different legal standards during its life-cycle.