Texas House Bill HB3453

Texas 2019 - 86th Regular

Caption

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

Impact

The bill's regulations primarily affect the Code of Criminal Procedure, particularly in how warrants and requests for location information are managed. With the implementation of HB3453, law enforcement agencies must adhere to new standards when deploying technology like cell site simulators. The new rules involve obtaining warrants under specific circumstances and impose stricter timelines to ensure rapid execution, reducing the potential for abuse or overreach in obtaining personal data. This legislative change aims to balance the needs of law enforcement with the civil liberties of individuals.

Summary

House Bill 3453 addresses the regulations surrounding subpoenas, orders, and warrants for disclosing location information and electronic communications records. The bill outlines the conditions under which law enforcement can acquire these types of electronic data. It introduces stricter guidelines on the use of cell site simulators, devices used by law enforcement to locate wireless communications devices. These provisions serve to clarify the legal frameworks established for electronic data collection and enhance privacy protections for individuals' communications.

Contention

One notable point of contention surrounding HB3453 involves the privacy implications of using cell site simulators. Opponents of the bill may argue that while it establishes necessary protocols, it could also inadvertently allow for the circumvention of existing privacy laws. There are concerns regarding how the data collected by such technology may be utilized beyond its intended purpose, leading to potential misuse or overreach. These discussions underscore the ongoing debate over the extent to which law enforcement should have access to personal and electronic communication data, particularly in the digital age.