What the court did after the Stored Communications Act with Fourth Amendment cases, as technology

continued to leap forward and Congress did not do much, was kind of what I would describe as a

sort of Fourth Amendment remodeling project.

It's the Lawfare podcast. I'm Natalie Orppat, executive editor of Lawfare. Today we're bringing

you something a little different. Audio from our recent event, installing updates to ECBA,

at which legendary Supreme Court advocate Michael Dreuben gave opening remarks.

The Fourth Amendment principle from Katz is that which a person knowingly exposes to the

public is not a subject of reasonable expectations of privacy or privacy expectations that

society is prepared to recognize as reasonable. But what you, what you protect as private

in your home is. We held the event to mark the 40th anniversary of ECBA, the Electronic

Communications Privacy Act. It built on our paper series, in which experts from various disciplines

reflected on the law, what's

changed over the last 40 years, and how ECBA should be updated to meet today's realities.

You can find those papers at our website, lawfaremedia.org.

But we wanted to share Michael's remarks here on the podcast.

They're an excellent overview of where ECPA came from and how it evolved,

how it relates to the Fourth Amendment, and where the law stands now. Thank you for inviting me

to talk to you about the backdrop to ECPA, the guarantee that goes back to the 18th century. So when we talk about updating

ECPA, which is 40 years old, I'm going to take us back in time to how the Supreme Court

seeks to update a guarantee that is more than two centuries old at this point and has a backdrop

that is very different from modern technology. I do want to say at the outset that I will talk

about some of the cases that I argued. Some of the people in the room helped me very much

...