Texas Senate Bill SB2093

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 implementation of SB2093 would bring significant changes to the state's legal framework regarding privacy and law enforcement access to electronic data. By introducing specific criteria that law enforcement must meet before accessing location information and communications records, the bill seeks to balance individual privacy rights against the needs of public safety agencies. This legislative move may enhance accountability and transparency in how law enforcement accesses and utilizes electronic data, potentially instilling greater public trust in these processes.

Summary

SB2093 addresses the procedures and requirements for law enforcement to obtain electronic customer communications records, electronic customer data, and location information. This bill amends the Code of Criminal Procedure to establish stringent guidelines for issuing subpoenas, orders, and warrants needed to disclose electronic data, including those related to cell site simulators and mobile tracking devices. The proposed changes aim to clarify existing laws regarding privacy while permitting law enforcement agencies to pursue investigations more effectively.

Sentiment

The sentiment surrounding SB2093 is mixed, as it is likely to be perceived differently across various stakeholder groups. Supporters argue that the bill strengthens privacy protections for Texas residents while ensuring that law enforcement has the tools necessary to conduct investigations. However, there may be apprehensions from civil liberties advocates about whether the bill does enough to protect against potential abuses in the use of cell site simulators and other tracking technologies. The debate reflects broader concerns about privacy in the age of advanced surveillance technologies.

Contention

Notable points of contention surrounding SB2093 include concerns about potential overreach by law enforcement agencies. Critics argue that while the bill attempts to enhance privacy protections, it may still allow for excessive surveillance capabilities without adequate checks and balances. Furthermore, questions have arisen regarding the necessity of certain provisions, particularly around emergencies where law enforcement may wish to bypass typical warrant requirements. This clash between law enforcement needs and civil liberties underscores ongoing tensions in the legislative landscape regarding surveillance and privacy.