Bill > H7208

This bill, titled the "Electronic Information and Data Privacy Act," mandates that law enforcement agencies must obtain a search warrant based on probable cause before accessing electronic information, data, or location information belonging to subscribers or customers, with specific exceptions. The act defines key terms such as "electronic communication service" (services allowing users to send or receive electronic messages), "electronic device" (any device used to access these services), "electronic information or data" (including location, stored, or transmitted data, but excluding certain oral or wire communications and financial transaction data), "law enforcement agency" (entities primarily focused on preventing, detecting, or prosecuting crime), "location information" (data about an electronic device's whereabouts), and "remote computing service" (providers of online storage or processing). Generally, law enforcement needs a warrant to obtain an electronic device's location, stored, or transmitted data, or data sent to a remote computing service provider. However, warrants are not required for location information if the device is reported stolen, the owner consents, there's a judicially recognized exception, the information is publicly disclosed, or in emergency situations involving imminent harm or the discovery of certain crimes by a remote computing service provider. Similarly, stored or transmitted data can be obtained without a warrant with owner consent, judicially recognized exceptions, reports from the National Center for Missing and Exploited Children, or under emergency circumstances or if inadvertently discovered by a provider and appearing to relate to a felony or serious misdemeanor. Prosecutors can also obtain a judicial order for subscriber and customer information like names, addresses, and service records from providers, consistent with federal law. The bill also outlines notification requirements for warrant execution, generally requiring law enforcement to inform the owner within fourteen days, though this notification can be delayed for up to thirty days, with possible extensions, if it would jeopardize an investigation or endanger individuals. Finally, it establishes that any electronic information or data obtained in violation of this act will be excluded from evidence, similar to violations of constitutional rights.

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