Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to pass with amendment a bill that requires police obtain warrants for electronic data collection.

Highlights:

• Requires a law enforcement agency obtain a search warrant issued by a court for electronic information or data transmitted by the owner of the electronic information or data to a remote computing service provider, during a criminal investigation (Sec. 2).

• Requires a law enforcement agency to notify the owner upon obtaining their electronic information or data via a search warrant (Sec. 4).

• Defines “electronic information or data” as information or data including a sign, signal, writing, image, sound, or intelligence of any nature transmitted or stored in a whole or in part by wire, radio, electromagnetic, photoelectronic, or photo-optical system, including location information, stored data, or transmitted data of an electronic device (Sec. 2).

• Defines “transmitted data” as electronic information or data that is transmitted wirelessly from an electronic device to another electronic device without the use of an intermediate connection or relay, or from an electronic device to a nearby antenna (Sec. 2).

• Specifies that electronic information or data does not include the following, including (Sec. 2):

• Wire or oral communication;

• Communication made through a tone-only paging device; or

• Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of money.

• Defines a “law enforcement agency” as an entity of the state or a political subdivision of the state that exists to primarily prevent, detect, or prosecute crime and enforce criminal statutes or ordinances (Sec. 2).

Full Bill Text