Texas Senate Bill SB1717

Texas 2021 - 87th 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 seeks to amend the Code of Criminal Procedure to introduce specific guidelines on the issuance and execution of search warrants concerning electronic data and location information. One core feature of the bill includes the prohibition of using information obtained from cell site simulators for investigations unrelated to the original warrant, thus emphasizing accountability in law enforcement practices. Furthermore, certain exceptions would allow law enforcement to act without prior notification to affected parties under specific conditions deemed necessary for public safety or ongoing investigations.

Summary

SB1717 focuses on the procedures regarding subpoenas, orders, and warrants for the disclosure of location information and electronic customer communications records. The proposed legislation aims to regulate the usage of various electronic tracking tools, including cell site simulators, which can identify and locate wireless devices in real-time. A significant aspect of this bill is the establishment of legal frameworks to govern how law enforcement can obtain and use this sensitive information while defining the necessary judicial oversight and requirements for such data access.

Contention

Concerns surrounding SB1717 include the balance between effective law enforcement tools and the privacy rights of individuals. Critics of the bill might argue that the use of tools like cell site simulators poses risks of overreach and potential civil rights violations, particularly when such technology can capture data on individuals who are not directly involved in an investigation. The legislation attempts to mitigate some of these concerns by implementing clearer guidelines and protective measures but still leaves room for debate regarding the adequacy of these safeguards in protecting citizen privacy.