For many years, cases ruling on provisions of the Electronic Communications Privacy Act of 1986 (ECPA) and its interaction with the Fourth Amendment protections of the U.S. Constitution were few and far between.
Over the past few years, however, increased litigation has forced higher courts to address issues involving the law and electronic communications with greater regularity. Despite this, it appears that the legal system is still a very long way from having any degree of clarity in interpreting ECPA and the Fourth Amendment when it comes to electronic communications. Appellate rulings continue to frequently generate split opinions and significant controversy. In this regard, 2012 has certainly not been a disappointment, as demonstrated by three curious cases.
‘Jones’
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