Relating to the interception or the collection of information from certain communications in an investigation of criminal conduct.
Impact
The bill impacts state laws by redefining how law enforcement agencies gather information from communication service providers. It allows authorized officers to obtain communications that are stored for up to 180 days with a warrant and establishes additional procedures for the retrieval of older stored communications. This change is significant as it might enhance the capacity of law enforcement to investigate criminal activities while also potentially affecting individual privacy rights concerning stored electronic data.
Summary
SB2047 seeks to amend Texas' Code of Criminal Procedure regarding the interception and collection of information from wire and electronic communications in criminal investigations. The bill specifically defines terms related to electronic communication, establishes the conditions under which law enforcement can access such communications, and clarifies the roles of various legal orders like warrants and subpoenas in these processes. By updating these provisions, the bill aims to modernize laws that govern how electronic evidence is collected and used in investigations.
Contention
The contentions surrounding SB2047 likely revolve around the balance between effective law enforcement and the protection of individual privacy rights. Critics may voice concerns about increased government surveillance and the implications of allowing law enforcement extended access to personal communications without sufficient checks and balances. Additionally, discussions may arise over the adequacy of the processing and justification required for law enforcement to delay notifying individuals whose communications have been accessed, which could be seen as an infringement on personal 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 a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.
Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.
Relating to the authority of individuals over the personal identifying information collected, processed, or maintained about the individuals and certain others by certain businesses.
Relating to notifying an alleged perpetrator of child abuse or neglect of the person's rights in connection with an investigation conducted by the Department of Family and Protective Services.
Relating to search warrants issued in this state and other states for certain customer data, communications, and other related information held in electronic storage in this state and other states by providers of electronic communications services and remote computing services.