Relating to the electronic customer data that certain peace officers may obtain by warrant, order, or other legal process from a provider of a wire or electronic communications service or remote computing service or from a communication common carrier.
Impact
If enacted, HB3790 would modify existing laws to enhance the authority of law enforcement personnel in their investigations. This includes obtaining sensitive information without the requirement of notifying the customer in specific scenarios, thereby streamlining investigative processes. The bill aims to balance the need for effective law enforcement with the privacy rights of individuals, though the implications of such access could lead to increased scrutiny of law enforcement practices and transparency concerning data handling.
Summary
House Bill 3790 aims to amend the Code of Criminal Procedure to clarify the conditions under which authorized peace officers can obtain electronic customer data from wire or electronic communications service providers. The bill stipulates that such data can be accessed by law enforcement through various legal processes, including warrants, subpoenas, or with the consent of the customer. Additionally, the bill further defines terms related to electronic customer data, including 'call detail records' and 'telephone call toll billing records', ensuring specificity in what information can be retrieved without notifying the customer involved.
Sentiment
The sentiment around HB3790 appears to be mixed. Supporters of the bill, primarily from law enforcement agencies, argue that it provides necessary tools to combat crime effectively and access information critical for investigations. Meanwhile, privacy advocates express concern over the potential for abuse of power and invasion of privacy, fearing that the bill could enable unwarranted surveillance and overly broad access to personal data without appropriate checks. This divide highlights ongoing tensions between public safety and personal privacy rights in the digital age.
Contention
Notable points of contention include the potential for misuse of electronic data obtained without customer notifications. Opponents argue that this aspect could lead to a lack of accountability and transparency in law enforcement's handling of personal data. Furthermore, there are concerns regarding how broadly the bill permits access to customer data and the implications for civil liberties, particularly if law enforcement agencies are not sufficiently restrained in their inquiries. Ultimately, the discussion around HB3790 centers on finding a balance between empowering law enforcement and protecting individual privacy rights.
Relating to definition change for certain customer data, communications, and other information held in electronic storage in this state and other states by providers of electronic communications services and remote computing services.
Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.
Relating to clarifying that a statutory county court judge is authorized to issue a search warrant for access to a cellular telephone or other wireless communications device.
Relating to clarifying that a statutory county court judge is authorized to issue a search warrant for access to a cellular telephone or other wireless communications device.
Requires law enforcement agencies to obtain search warrants for electronic information, data, location information and other identifying information of subscribers and customers, except in specified circumstances.