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Michael Douglass is an experienced trial attorney with a diverse civil litigation practice in California and Arizona state and federal courts. Michael focuses on the defense of corporate and municipal clients in complex, high-exposure general liability claims, as well as in professional, employment and municipal liability matters. He has tried cases to verdict in California and Arizona and also has successfully argued before the California Court of Appeal, most recently in a malicious prosecution case that resulted in a reported decision [Paiva v. Nichols, (2008) 168 Cal.App.4th 1007].

California SB 178 Seeks to Apply Warrant Requirement to Electronic Devices and Online Data

Gavel-onKeyboard_iStk-11481160_300x200px (2)The California Senate is currently reviewing the proposed California Electronic Communications Privacy Act (SB 178), which generally requires law enforcement entities to obtain a search warrant before accessing data on an electronic device or from an online service provider. The purpose of the bill is to codify and expand on existing case law pertaining to electronic devices and online privacy. SB 178 is co-sponsored by the Electronic Frontier Foundation and the California Newspaper Publishers Association.

Among other things, the bill requires the issuance of a search warrant or wiretap order before a government entity can (1) compel the production of or access to electronic communication information from a service provider, (2) compel the production of or access to electronic device information from any person or entity except the authorized possessor of the device, and (3) access electronic device information by means of physical interaction or electronic communication with the device.


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