Relating to investigations of certain cybercrimes.
Impact
If enacted, HB 3185 could significantly adjust the landscape of how cybercrimes are investigated in Texas. By allowing prosecutors to issue subpoenas for documentation related to the use of electronic services in the commission of offenses, the bill aims to streamline investigations and provide law enforcement with vital data to support their inquiries. However, the bill ensures certain protections by stating that service providers cannot disclose specific sensitive information, such as passwords or in-transit communications, without a court order, thus seeking a balance between effective law enforcement and safeguarding privacy rights.
Summary
House Bill 3185 relates to the investigation of certain cybercrimes, defining 'cybercrime' as offenses committed through internet websites or electronic service accounts. The bill amends the Government Code by introducing Chapter 426, which establishes procedures for issuing administrative subpoenas in investigations involving cybercrimes. It grants prosecuting attorneys the authority to request relevant documentation from internet service providers, which can aid in identifying any account holders involved in such crimes. The purpose of the bill is to enhance law enforcement's capabilities in tackling the growing issue of cybercrime in Texas.
Sentiment
The overall sentiment regarding HB 3185 appears to be cautiously optimistic among law enforcement and prosecution advocates, who view the measure as a necessary tool in the fight against the rise of cybercrime. However, there may be lingering concerns from privacy advocates about the implications of increased governmental access to private data. The discussions around the bill highlight an ongoing tension between ensuring public safety and maintaining individual rights concerning privacy and data security.
Contention
Notable points of contention surrounding HB 3185 include the potential for misuse of the administrative subpoena power and concerns about overreach. Critics may argue that empowering prosecutors with such authority could lead to excessive surveillance and an erosion of individuals' rights to privacy. Legislative discussions could focus on the necessity of robust safeguards to prevent abuse while still providing law enforcement with adequate tools to address cybercrime effectively. The balance between public safety and civil liberties remains a critical consideration in the bill's evaluation.
Texas Constitutional Statutes Affected
Penal Code
Chapter 31. Theft
Section: New Section
Chapter 32. Fraud
Section: New Section
Chapter 33. Computer Crimes
Section: New Section
Chapter 34. Money Laundering
Section: New Section
Chapter 35. Insurance Fraud
Section: New Section
Chapter 42. Disorderly Conduct And Related Offenses
Section: New Section
Chapter 71. Organized Crime
Section: New Section
Chapter 72. Racketeering And Unlawful Debt Collection
Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.
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Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.
Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.