Bill Text: MI HB4430 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Civil rights; privacy; state assistance of federal government data collection; restrict. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-20 - Assigned Pa 71'18 With Immediate Effect [HB4430 Detail]
Download: Michigan-2017-HB4430-Engrossed.html
HB-4430, As Passed House, January 17, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 4430
A bill to prohibit this state and certain other governmental
agents, employees, and entities in this state from assisting a
federal agency in obtaining certain forms of data without a
warrant; and to prohibit certain uses of certain data collected
without a warrant.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Fourth Amendment rights protection act".
Sec. 2. As used in this act:
(a) "Electronic data" means information related to an
electronic communication or the use of an electronic communication
service, including, but not limited to, the contents, sender,
recipients, or format of an electronic communication; the precise
or approximate location of the sender or recipients of an
electronic communication at any time during the communication; the
time or date the communication was created, sent, or received; and
the identity of an individual or device involved in the
communication, including, but not limited to, an internet protocol
address. The term does not include subscriber information.
(b) "Metadata" means information generally not visible when an
electronic document is printed describing the history, tracking, or
management of the electronic document, including information about
data in the electronic document that describes how, when, and by
whom the data were collected, created, accessed, or modified and
how the data are formatted. The term does not include any of the
following:
(i) A spreadsheet formula.
(ii) A database field.
(iii) An externally or internally linked file.
(iv) A reference to an external file or hyperlink.
Sec. 3. This state or a political subdivision of this state
shall not assist, participate with, or provide material support or
resources to a federal agency to enable it to collect or to
facilitate in the collection or use of a person's electronic data
or metadata, unless 1 or more of the following circumstances apply:
(a) The person has given informed consent.
(b) The action is pursuant to a warrant that is based upon
probable cause and particularly describes the person, place, or
thing to be searched or seized.
(c) The action is in accordance with a legally recognized
exception to warrant requirements.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.