Relating to requiring a search warrant for government access to stored communications.
Impact
If enacted, HB3164 would significantly strengthen the legal requirements surrounding the access and disclosure of electronic communications stored by service providers. It aims to align state law with principles of digital privacy, which could reshape how law enforcement engages with technology companies in terms of data requests. The legislation could lead to enhanced protections for Texas residents, ensuring their digital communications are treated with the same legal scrutiny as traditional forms of communication.
Summary
House Bill 3164 seeks to amend the Code of Criminal Procedure by requiring a search warrant for government access to stored electronic communications. The bill reflects a growing concern over privacy rights and seeks to safeguard individuals' communications from unwarranted government intrusion. It emphasizes the necessity for law enforcement to obtain proper judicial oversight before accessing personal data held by electronic service providers, thereby enhancing the accountability of governmental authorities in digital matters.
Sentiment
The sentiment surrounding the bill has been largely positive among privacy advocates, who view it as a crucial step towards protecting individual rights in the digital age. Supporters argue that the bill provides necessary checks on government powers and reflects societal concerns about surveillance and personal data exploitation. However, there exist apprehensions from some law enforcement officials who argue that increased regulations may complicate their ability to address and investigate criminal activities efficiently.
Contention
Notably, there are points of contention regarding the balance between privacy rights and law enforcement needs. Critics of the bill argue that while privacy is essential, overly stringent requirements for access could hinder effective policing and investigations. There is also concern about the feasibility of implementing such measures across various platforms and service providers, which may affect the timely access to essential evidence in critical situations.
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.
Relating to the capture and use of an individual's biometric identifiers, specimen, or genetic information by a governmental body or peace officer or by a person for commercial purposes; authorizing civil penalties.
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 powers and duties of the office of the attorney general with respect to certain laws governing the installation and use of tracking equipment and access to certain communications.
Relating to the powers and duties of the office of the attorney general with respect to certain laws governing the installation and use of tracking equipment and access to certain communications.
Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.
Requires CATV companies to prorate subscriber's CATV service bills, to provide notice to subscribers of certain information, and to annually file terms and conditions with BPU for review.