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On Monday, became the first state to enact legislation simultaneously protecting and electronic communications content, regardless of age, from government access鈥攅nsuring that state and local law enforcement can only access that sensitive information when there is good reason to believe that it will reveal evidence of a crime, or in true emergencies.

This is notable for two reasons.

• First, these are the primary two reforms we seek to the outdated federal law that governs our privacy in the digital age, the Electronic Communications Privacy Act (ECPA). While Utah is not the first state to enact location protections (that was followed by ) or protections for electronic communications content (that was ), Utah has shown that these reforms can pass as a package. Utah can now be a proving ground for ECPA reform, demonstrating that law enforcement can effectively do its job while simultaneously protecting privacy.

• Second, Utah鈥檚 new law is also remarkable because of its breadth. The law covers 鈥渓ocation information, stored data, or transmitted data of an electronic device.鈥� There is no question that this language provides protections for location information and for electronic communications content regardless of age. It鈥檚 also clear that the law covers the use of controversial StingRay technology. There is also every reason to believe that 鈥渟tored and transmitted data鈥� covers metadata. Ever since the began last summer, the has been widely recognized, and what to do about it has been the million-dollar question. Utah鈥檚 new law demonstrates that, as the , requiring a for law enforcement to access metadata is sensible and workable policy.

States in every region of the country are actively considering legislation protecting location information and electronic communications content, sometimes together in one package. We hope more states will follow Utah鈥檚 lead鈥攁nd we鈥檒l continue working with state legislators to make that happen.