Privacy expectations should not be lost just because digital and electronic information is transferred through wires or enters a remote server (the Cloud). If the government searched an individual’s mail or home, it would need a warrant first. This same standard should apply to all property, including electronic data. But 48 of 50 states are failing to protect private data from government intrusion.

It’s no secret that technology develops faster than legal doctrines, statutes, and regulations. States have failed to keep up with necessary legal changes to protect citizens’ rights under the Fourth Amendment. This has left other forms of electronic data, notably stored communications such as what a user might save in the Cloud or on their laptop, unprotected from government searches.