Wisconsin Senate Bill SB331

Wisconsin 2023-2024 Regular Session

• Introduced: 6/14/23
• Refer: 6/14/23
• Report Pass: 10/12/23
• Engrossed: 10/17/23
• Refer: 3/14/24
• Failed: 4/15/24

Caption

Pen registers and trap and trace devices.

Impact

The proposed changes would empower the Attorney General and district attorneys to apply for court orders for the installation of such devices in any county across the state, rather than being restricted to the county where the device is located. This centralizes the authority for such applications and could facilitate broader surveillance operations in connection with criminal investigations. The amendment also establishes that an individual engaging in a contract related to electronic communications services that includes service in Wisconsin is deemed to be conducting business within the state for these purposes.

Summary

Senate Bill 331 seeks to revise and expand the definitions and applications of 'pen registers' and 'trap and trace devices' within Wisconsin law. Originally, a 'pen register' was specifically limited to devices that record numbers dialed on a telephone line, while 'trap and trace devices' identified the source of incoming communications. This bill broadens these definitions to include any methods that record or decode dialing, routing, addressing, and signaling information, which could encompass a wider array of surveillance technologies and practices.

Contention

While proponents argue that the expansion of these definitions enhances law enforcement's ability to conduct thorough investigations in an increasingly digital world, there are concerns regarding privacy and civil liberties. Critics of the bill may view it as a potential overreach that could lead to more invasive forms of electronic surveillance without sufficient checks on the government's power. This opposition raises questions about the balance between effective law enforcement and the rights of individuals to maintain privacy in their electronic communications.