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Reforming Surveillance Law: The Swiss Model, Susan Freiwald, Sylvain Metille
Reforming Surveillance Law: The Swiss Model, Susan Freiwald, Sylvain Metille
Susan Freiwald
Reforming Surveillance Law: The Swiss Model
Susan Freiwald & Sylvain Métille
As implemented over the past twenty-six years, the Electronic Communications Privacy Act (ECPA), which regulates electronic surveillance by law enforcement agents, has become incomplete, confusing, and ineffective. In contrast, a new Swiss law (CrimPC) regulates law enforcement surveillance in a more comprehensive, uniform, and effective manner. This article compares the two approaches and argues that recent proposals to reform EPCA in a piecemeal fashion will not suffice. Instead, the Swiss CrimPC law presents a model for more fundamental reform of U.S. law.
This article is the first to analyze …