Warrants; requirement for certain telecommunications records. (HB1904)

Introduced By

Del. Betsy Carr (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Warrant requirement for certain telecommunications records. Provides that the "location data" of a customer of an electronic communication service or a remote computing service may only be retrieved from the provider by warrant or consent of the customer. Location data is defined as any data or information that tracks, at either a point in time or over a period of time, the location of a subscriber to or customer of a provider of electronic communication service or a remote computing service as determined by the location of an electronic device to which the subscriber or customer has legal title, claim, right, or ultimate control. The bill contains technical clarifications and cross-references. Amends § 18.2-152.17, § 19.2-70.3, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

  • 01/08/2013 Prefiled and ordered printed; offered 01/09/13 13102774D
  • 01/08/2013 Referred to Committee for Courts of Justice
  • 01/17/2013 Assigned Courts sub: #1 Criminal
  • 01/21/2013 Subcommittee recommends laying on the table
  • 02/05/2013 Left in Courts of Justice

Comments

stephen writes:

This is a Good bill,and a good start into protecting the public from the Garbage in government that feel we have no rights.

ACLU-VA Privacy Rights, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia supports legislation that requires the government to get a warrant or an individual’s consent to obtain location tracking information from electronic devices such as cell phones. Cell phones can be tracked in real time, and all cell phone companies keep records on where cell phones have been for months, or even years. Location data can pry into private lives and can tell whether an individual is receiving outpatient medical treatment, a weekly church goer, a heavy drinker, or associates with particular individuals or groups. Given the sensitivity of location data, the government should be required to get a warrant based upon probable cause before tracking cell phones.