West Virginia 2023 Regular Session

West Virginia House Bill HB2572

Introduced
1/16/23  

Caption

To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act

Impact

The bill will significantly impact state laws related to the privacy of individual property rights. By establishing that warrantless searches of both physical and digital property are illegal without a warrant or consent, HB2572 strengthens protections against potential government overreach. This implies that digital information collected for commercial purposes will have a layer of legal protection similar to physical property, providing residents with greater security in their personal data and easing concerns over the proliferation of government surveillance activities.

Summary

House Bill 2572, also known as the Protection of Shared Physical and Digital Property from Warrantless Searches Act, aims to strengthen the privacy rights of citizens regarding their physical and digital properties. The bill asserts a fundamental right to be secure in one's property and establishes that information shared with third parties for obtaining goods and services is protected from warrantless searches. It seeks to amend existing laws by mandating that government agents obtain either consent from the property owner or a judicial warrant based on probable cause before accessing shared information, directly addressing concerns raised by the Third Party Doctrine.

Sentiment

The general sentiment surrounding HB2572 appears to be supportive, particularly among civil liberties advocates and privacy rights activists who champion the need for strong protections against government intrusion. Legislators concerned with voters' rights to privacy have also expressed favorable opinions. However, there are opponents who argue that the bill could hinder law enforcement efforts, creating potential barriers that may complicate investigations. This division underscores a conflict between the necessity for law enforcement and the public's desire for personal privacy.

Contention

Some notable points of contention in the discourse around HB2572 center on the implications of the Third Party Doctrine's challenge. Critics suggest that the bill could limit law enforcement's capabilities to respond swiftly to criminal activities that may involve digital data. Additionally, there are concerns that the requirements for warrants could place undue burdens on governmental procedures, potentially leading to slower responses in urgent situations. Nevertheless, proponents maintain that the bill is a critical step towards ensuring that constitutional rights are upheld in an era increasingly defined by digital interaction.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2652

To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act

WV HB4287

To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act

WV LD1883

An Act to Enact the Protection of Shared Physical and Digital Property from Warrantless Searches Act

WV HB3245

The Protection of All Property from Warrantless Searches Act

WV HB3095

To create the "Protection of Property from Warrantless Searches Act”

WV HB2189

To create the "Protection of Property from Warrantless Searches Act.”

WV S1098

Protecting real property from warrantless searches

WV HB4825

Relating to the prohibition of warrantless searches and seizures.

WV HB2386

Relating to the prohibition of warrantless searches and seizures.

WV SB580

Prohibiting warrantless entry on private lands

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