Texas 2017 - 85th Regular

Texas Senate Bill SB1203

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to the issuance of subpoenas or certain other court orders with respect to an online service provider in the investigation or prosecution of certain criminal offenses.

Impact

The passage of SB1203 has implications for state laws related to privacy, digital communication, and the responsibilities of online service providers regarding law enforcement requests. By codifying a more structured response timeline for online service providers to comply with legal requests, the bill aims to improve the efficiency of criminal investigations. However, it also raises concerns among digital privacy advocates about the potential for overreach and the implications for user data protection. This dual focus on law enforcement access and privacy considerations marks a significant point of contention in discussions about the bill's impact on state law.

Summary

Senate Bill 1203 relates to the issuance and enforcement of subpoenas and other court orders directed at online service providers in the context of criminal investigations or prosecutions. The bill clearly outlines that it applies to specific criminal offenses as enumerated in the Texas Penal Code. It introduces a defined expectation for online service providers to comply with subpoenas, search warrants, or other court orders related to these criminal offenses, enhancing cooperation and response rates in urgent situations where there is a threat to life or serious bodily injury. Moreover, the bill seeks to establish clearer roles for different types of online service providers, further clarifying their responsibilities under the law.

Sentiment

The sentiment surrounding SB1203 is mixed, with significant support from law enforcement agencies and those advocating for quicker responses to criminal activities involving online platforms. Proponents argue that the changes are necessary to ensure public safety and effective criminal investigations in the digital age. Conversely, civil liberties groups and advocates for digital privacy express apprehension, arguing that the bill could lead to potential invasions of privacy and abuses of power by law enforcement, limiting the protections that users expect when using online services.

Contention

Notable points of contention revolve around the balance between public safety and individual privacy rights. Critics argue that SB1203 could incentivize a culture of compliance over careful consideration of privacy issues, leading to potential misuse. The requirement for online service providers to act swiftly under certain conditions, especially in urgent situations, raises questions about the adequacy of protections in place for user data. As the bill moves through legislative discussions, stakeholders are evaluating how its provisions align with existing privacy protections and what additional safeguards may be necessary to address concerns without hindering law enforcement efficacy.

Companion Bills

TX HB2622

Identical Relating to the issuance of subpoenas or certain other court orders with respect to an online service provider in the investigation or prosecution of certain criminal offenses.

Similar Bills

TX HB2622

Relating to the issuance of subpoenas or certain other court orders with respect to an online service provider in the investigation or prosecution of certain criminal offenses.

LA HB193

Authorizes the use of administrative subpoenas when investigating sex offenses involving children through use of a computer (EN NO IMPACT See Note)

TX SB1843

Relating to investigations of certain offenses involving the Internet-based sexual exploitation of a minor; creating the Internet crimes against children account to support those activities.

TX HB3746

Relating to investigations of certain offenses involving the Internet-based sexual exploitation of a minor; creating the Internet crimes against children account to support those activities.

LA HB227

Provides relative to subpoena duces tecum when investigating sex offenses involving human trafficking

CA SB471

Subpoenas: service.