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2014 SESSION

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HB 17 Electronic communication or remote computing devices; warrant requirement for certain records.

Introduced by: Robert G. Marshall | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Warrant requirement for certain telecommunications records; real-time location data. Provides that a provider of electronic communication service or remote computing service shall not disclose real-time location data to an investigative or law-enforcement officer except pursuant to a search warrant, subject to certain exceptions. The bill defines "real-time location data" as data or information concerning the current location of an electronic device that is generated, derived from, or obtained by the operation of the device. This bill incorporates HB 817.

SUMMARY AS PASSED HOUSE:

Warrant requirement for certain telecommunications records; real-time location data. Provides that a provider of electronic communication service or remote computing service shall not disclose real-time location data to an investigative or law-enforcement officer except pursuant to a search warrant, subject to certain exceptions. The bill defines "real-time location data" as data or information concerning the current location of an electronic device that is generated, derived from, or obtained by the operation of the device. This bill incorporates HB 817.

SUMMARY AS INTRODUCED:

Warrant requirement for cellular telephone, etc., as tracking device and obtaining location data. Provides that a cellular phone or other wireless telecommunications device is a tracking device when it is used to track the movement of a person and that such use requires a warrant issued by a judicial officer. The bill also provides that the "location data" of a customer of an electronic communication service or a remote computing service may only be retrieved from the provider by warrant or consent of the customer. Location data is defined as any data or information that tracks, either at a point in time or over a period of time, the location of a subscriber to or customer of a provider of electronic communication service or a remote computing service as determined by the location of an electronic device to which the subscriber or customer has legal title, claim, right, custody, or ultimate control.