Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB331

Introduced
6/14/23  
Refer
6/14/23  
Report Pass
10/12/23  
Engrossed
10/17/23  
Refer
3/14/24  

Caption

Pen registers and trap and trace devices.

Impact

The proposed changes would empower the Attorney General and district attorneys to apply for court orders for the installation of such devices in any county across the state, rather than being restricted to the county where the device is located. This centralizes the authority for such applications and could facilitate broader surveillance operations in connection with criminal investigations. The amendment also establishes that an individual engaging in a contract related to electronic communications services that includes service in Wisconsin is deemed to be conducting business within the state for these purposes.

Summary

Senate Bill 331 seeks to revise and expand the definitions and applications of 'pen registers' and 'trap and trace devices' within Wisconsin law. Originally, a 'pen register' was specifically limited to devices that record numbers dialed on a telephone line, while 'trap and trace devices' identified the source of incoming communications. This bill broadens these definitions to include any methods that record or decode dialing, routing, addressing, and signaling information, which could encompass a wider array of surveillance technologies and practices.

Contention

While proponents argue that the expansion of these definitions enhances law enforcement's ability to conduct thorough investigations in an increasingly digital world, there are concerns regarding privacy and civil liberties. Critics of the bill may view it as a potential overreach that could lead to more invasive forms of electronic surveillance without sufficient checks on the government's power. This opposition raises questions about the balance between effective law enforcement and the rights of individuals to maintain privacy in their electronic communications.

Companion Bills

No companion bills found.

Previously Filed As

WI AB334

Pen registers and trap and trace devices.

WI H5566

Pen Registers And Trap And Trace Devices

WI H6630

Pen Registers And Trap And Trace Devices

WI H719

SBI Emergency Pen Register/Trap and Trace

WI SB690

Crimes: invasion of privacy.

WI HB3914

Relating to warrants and orders issued for the use of tracking equipment and access to electronic communications to further a criminal investigation.

WI SB942

Relating to warrants or orders issued to obtain certain information through installation or use of global positioning system wireless device trackers, international mobile subscriber identity locators, or other devices or equipment, and to public access to law enforcement or prosecutor requests for certain related location or communication information; creating an offense.

WI HB424

Provides with respect to cellular tracking devices (OR INCREASE GF EX See Note)

WI H7453

Requires search warrant for electronic information, prohibits stingray cell-site simulators.

WI H5360

Requires search warrant for electronic information, prohibits stingray cell-site simulators.

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