Bill Text: MS SB2333 | 2016 | Regular Session | Introduced

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Bill Title: Cell phones; prohibit warrantless tracking of by law enforcement.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [SB2333 Detail]

Download: Mississippi-2016-SB2333-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Energy

By: Senator(s) Watson

Senate Bill 2333

AN ACT TO REQUIRE A GOVERNMENT ENTITY TO OBTAIN A SEARCH WARRANT BEFORE OBTAINING THE LOCATION INFORMATION OF AN ELECTRONIC DEVICE; TO DEFINE TERMS; TO PROVIDE EXCEPTIONS FOR EMERGENCIES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  As used in this act:

          (a)  "Electronic communication service" means a service that provides to users of the service the ability to send or receive wire or electronic communications.

          (b)  "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service or location information service.

          (c)  "Government entity" means the state, a county, a municipality, an institution of higher learning or any other political subdivision of the state or an administrative subunit of any political subdivision, including a law enforcement entity or any other investigative entity, agency, department, division, bureau, board or commission, or an individual acting or purporting to act for or on behalf of a state or local agency.

          (d)  "Location information" means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device.

          (e)  "Location information service" means the provision of a global positioning service or other mapping, location, or directional information service.

          (f)  "Remote computing service" means the provision of computer storage or processing services by means of an electronic communications system.

     SECTION 2.  (1)  (a)  Except as provided in subsection (2) of this section, a government entity may not obtain the location information, stored data or transmitted data of an electronic device without a search warrant issued by a court upon probable cause.

          (b)  Except as provided in paragraph (c) of this subsection, a government entity may not use, copy or disclose, for any purpose, the location information, stored data or transmitted data of an electronic device that is not the subject of the warrant that is collected as part of an effort to obtain the location information, stored data or transmitted data of the electronic device that is the subject of a warrant that is required under paragraph (a) of this subsection.

          (c)  A government entity may use, copy or disclose the transmitted data of an electronic device used to communicate with the electronic device that is the subject of the warrant if the government entity reasonably believes that the transmitted data is necessary to achieve the objective of the warrant.

          (d)  The data described in subsection (2)(b) of this section shall be destroyed in an unrecoverable manner by the government entity as soon as reasonably possible after the data is collected.

     (2)  A government entity may obtain location information without a warrant for an electronic device:

          (a)  In accordance with the automatic number and location data base information provisions of section 19-5-313;

          (b)  If the electronic device is reported stolen by the owner;

          (c)  With the informed consent of the owner or user of the electronic device;

          (d)  In accordance with judicially recognized exceptions to warrant requirements;

          (e)  If the owner has voluntarily and publicly disclosed the location information; or

          (f)  If the device is state-owned or is being used by a state employee to access private data on the state network while conducting state business.

     (3)  An electronic communication service provider, and its officers, employees and agents, may not be held liable for providing information, facilities or assistance in accordance with:

          (a)  The terms of a warrant issued under this section; or

          (b)  Without a warrant under the exceptions listed in subsection (2) of this section.

     SECTION 3.  (1)  Except as provided in subsection (2) of this section, a government entity that executes a warrant pursuant to Section 2(1)(a) of this act shall, within fourteen (14) days after the day on which the operation concludes, issue a notification to the owner of the electronic device specified in the warrant that states:

          (a)  That a warrant was applied for and granted;

          (b)  The kind of warrant issued;

          (c)  The period of time during which the collection of data from the electronic device was authorized;

          (d)  The offense specified in the application for the warrant;

          (e)  The identity of the government entity that filed the application; and

          (f)  The identity of the judge who issued the warrant.

     (2)  A government entity seeking a warrant under Section 2(1)(a) of this act may submit a request, and the court may grant permission, to delay the notification required by subsection (1) of this section for a period not to exceed thirty (30) days, if the court determines that there is probable cause to believe that the notification may:

          (a)  Endanger the life or physical safety of a person;

          (b)  Cause a person to flee from prosecution;

          (c)  Lead to the destruction of or tampering with evidence;

          (d)  Intimidate a potential witness; or

          (e)  Otherwise seriously jeopardize an investigation or unduly delay a trial.

     (3)  When a delay of notification is granted under subsection (2) of this section, and upon application by the government entity, the court may grant any number of additional extensions of up to thirty (30) days each.

     (4)  Upon expiration of the period of delayed notification granted under subsection (2) or (3) of this section, the government entity shall serve notice by personal service or first-class mail to the owner of the electronic device a copy of the warrant together with notice that:

          (a)  States with reasonable specificity the nature of the law enforcement inquiry; and

          (b)  Contains:

              (i)  The information described in subsection (1)(a) through (e) of this section;

              (ii)  A statement that notification of the search was delayed;

              (iii)  The name of the court that authorized the delay of notification; and

              (iv)  A reference to the provision of this act that allowed the delay of notification.

     (5)  A government entity is not required to notify the owner of the electronic device if the owner is located outside of the United States.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2016.