Electronic data; prohibiting obtaining of certain data without a court order or search warrant. Effective date.
Impact
Under this legislation, government entities are prohibited from obtaining metadata, stored data, or transmitted data from electronic devices without a court order or search warrant based on probable cause. This represents a significant advancement in legislation concerning digital privacy, aiming to protect citizens from unwarranted surveillance and data collection. Additionally, any data obtained in violation of these stipulations would not be admissible in any civil or criminal proceedings, adding another layer of protection for users.
Summary
Senate Bill 38, introduced by Senator Dahm, pertains to the regulation of electronic data, specifically addressing the conditions under which governmental entities may obtain and utilize user data from electronic devices. The bill defines several key terms, including 'electronic communication service', 'government entity', and 'location information', establishing a framework aimed at safeguarding user privacy while ensuring lawful access to data when necessary.
Contention
The bill’s provisions could present a point of contention, especially regarding the exceptions that allow for government access without a warrant, such as in cases of stolen devices or emergency situations. Critics may argue that the carve-outs could lead to misuse or overreach by authorities, potentially undermining the bill's intent. The requirement for destruction of non-compliant data within twenty-four hours also raises questions about the practical implementation of these provisions and the ability for individuals to maintain control over their personal information.
Electronic communication; creating the Electronic Communication and Device Privacy Act; establishing procedures for access to certain information. Effective date.
Domestic violence; prohibiting persons convicted of certain offenses or subject to protective orders from possessing firearms; codification; effective date.
Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.