Law enforcement communication; prohibiting certain collection of location information. Emergency.
Impact
If passed, SB449 would significantly impact existing practices and laws concerning how law enforcement agencies track individuals. By mandating a search warrant for the use of IMSI-catchers, the bill aims to ensure that citizens' privacy is safeguarded, preventing unauthorized surveillance. Additionally, any data collected unlawfully through these devices would be declared inadmissible in court, further protecting citizens from potential misuse of information. These measures are intended to strengthen legal protections against invasive surveillance tactics that could infringe on personal freedoms.
Summary
Senate Bill 449, titled 'Law Enforcement Communication; Prohibiting Certain Collection of Location Information,' addresses the use of technology by law enforcement agencies for tracking individuals through their electronic devices. The bill specifically targets the use of International Mobile Subscriber Identity catchers (IMSI-catchers), commonly known as Stingrays, which can intercept signaling information from electronic devices in proximity. Under this legislation, law enforcement agencies are prohibited from utilizing these technologies to gather real-time or historical location information without obtaining a search warrant, thereby reinforcing user privacy rights.
Contention
The primary contention surrounding SB449 stems from the balance between law enforcement needs and civil liberties. Supporters argue that the bill is essential in protecting the privacy of individuals in an increasingly digital world, where the threat of surveillance is more significant than ever. On the other hand, opponents may contend that such restrictions could hinder law enforcement's ability to respond to crimes effectively, especially in urgent situations where real-time tracking might be essential for public safety. Ultimately, the debate reflects broader concerns regarding privacy rights versus operational mandates of law enforcement agencies.
Relating to warrants or orders issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.
Relating to warrants or orders issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.
Relating to warrants issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.
Prohibiting certain covered entities and service providers from collecting and processing location information of individuals without consent; providing for enforcement by Attorney General; establishing a private right of action; and prescribing penalties.