Assignment:
Write a paper critiquing Professor Kerr’s proposal for the “Next Generation Communications Privacy Act.
” (Sources -4)
The paper should be as long as you feel necessary to make your points.
Kerr makes 4 basic proposals for a new ECPA in the last half of his article. I think the best way to do it would be to summarize Professor Kerr’s proposal , then write your critique below it. Then, summarize another of his proposals and write your critique below etc. And so on…
You all have a unique perspective that most lawyers don’t have. Do problems that Professor Kerr has identified with the current Electronic Communications Privacy Act (ECPA) ring true to you? What about his four basic proposals for a new law?
The four basic proposals are copied below:
Congress Should Enact a Uniform Requirement for Access to Any Remotely Stored Contents Held by or for a Customer or Subscriber …………………………………………. 411
Particularity Requirements for Noncontent Data Should Be Imposed, Perhaps Based on a Concept of Customer-hours ………….. 412
Minimization Rules Should Apply to All Obtained Contents of Communications ………………………………………………… 414.
Congress Could Establish a Two-Part User-Based Regime for Territoriality
………………………………………………………416
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