Bill Text: DE HB395 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Electronic Communication Device And Geolocational Privacy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-06-19 - Introduced and Assigned to Judiciary Committee in House [HB395 Detail]
Download: Delaware-2011-HB395-Draft.html
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SPONSOR: |
Rep. Scott |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 395 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ELECTRONIC COMMUNICATION DEVICE AND GEOLOCATIONAL PRIVACY. |
Section 1. Amend Chapter 23, Title 11 of the Delaware Code by adding new sections as shown by underlining as follows:
§ 2312. Short title.
This Act may be known and cited as the "Electronic Communication Device and Geolocation Privacy Act."
§2313. Definitions.
(a) "Agent of the state or any political subdivisions thereof" means any state or local agency, including, but not limited to, a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or any individual acting or purporting to act for or on behalf of a state or local agency.
(b) "Geolocation information" means any information generated by an electronic communication device or global position system navigation unit that can be used to determine the location of the device and the device's operator or owner.
(c) "Geolocation information service" means a global positioning service or other mapping, locational, or directional information service, and is to include any such service which is free or commercial.
(d) "Intercept" means the acquisition of geolocation information through the use of any electronic, mechanical, or other device.
(e) "Mobile tracking device" includes any electronic or mechanical device that emits a signal which remotely tracks a electronic communication device or global position system, or by physical placement tracks any other object.
(f) "Electronic communication device" shall mean a cell telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or portable computing device.
§ 2314.Electronic communication device, generally prohibited.
Except as otherwise specifically provided in this chapter, it shall be unlawful for an agent of the state or any political subdivisions thereof to:
(a) Search information contained in a electronic communication device without first obtaining a probable cause warrant issued pursuant to §2304 of this title;
(b) Extract information from a electronic communication device manually or by way of an electronic forensics device without first obtaining a probable cause warrant issued pursuant to §2304 of this title;
(c) Intentionally disclose, or endeavor to disclose information to a third party, knowing or having reason to know that the information was obtained in violation of paragraphs (a) and (b) of this section;
(d) Intentionally use, or endeavor to use information, knowing or having reason to know that the information was obtained in violation of paragraphs (a) and (b) of this section.
§ 2315.Geolocation information, generally prohibited.
Except as otherwise specifically provided in this chapter, it shall be unlawful for an agent of the state or any political subdivisions thereof to:
(a) Install a mobile tracking device without first obtaining a court order pursuant to §2443 of this title;
(b) Intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, geolocation information pertaining to another person;
(c) Intentionally disclose, or endeavor to disclose, to any other person geolocation information pertaining to another person, knowing or having reason to know that the information was obtained in violation of paragraphs (a) and (b) of this section;
(d) Intentionally use, or endeavor to use, any geolocation information, knowing or having reason to know that theinformation was obtained in violation of paragraphs (a) and (b) of this section.
§ 2316. Exceptions, electronic communication device and geolocation information.
Notwithstanding any other provision of this chapter, an agent of the state or any political subdivisions thereof may search an electronic communication device or interceptgeolocation information without a warrant or court order where:
(a) The owner or operator of the electronic communication device consents to the device search or interception of geolocation information;
(b) The owner or operator of the electronic communication device makes a request for emergency services;
(c) The agent of the state or any political subdivisions thereof reasonably determines that an emergency situation exists that involves;
(1)Immediate danger or death or serious physical injury to any person;
(2) Conspiratorial activities threatening the state or national security interest; or
(3) Conspiratorial activities characteristic of organized crime.
In the case of an emergency interception of geolocation information, an application for an order approving such interception must be made pursuant to§ 2443 of this title within 48 hours after the interception has occurred or begins to occur.
SYNOPSIS
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This Bill prohibits the warrantless search of electronic devices, particularly mobile telephones. This Bill also prohibits the interception of geolocation information by physical placement of a mobile tracking device or otherwise tracking positioning through available technologies.It is the belief of the General Assembly that the warrant requirement should be observed particularly in light of the sensitive nature of the information stored in mobile phones and other electronic devices.It is also believed that mere use or ownership of electronic devices should not diminish the citizenry's expectation of privacy in geolocation information.Exceptions are herein carved out for consent and emergent circumstances. |
