HF 2288

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:00pm

A bill for an act
relating to public safety; requiring law enforcement to secure a search warrant in
order to receive cell phone tracking data; amending Minnesota Statutes 2012,
section 626A.28, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 626A.

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

Section 1.

Minnesota Statutes 2012, section 626A.28, subdivision 3, is amended to read:

Subd. 3.

Records concerning electronic communication service or remote
computing service.

(a) Except as provided in paragraph (b) or chapter 325M, a provider
of electronic communication service or remote computing service may disclose a record
or other information pertaining to a subscriber to or customer of the service, not including
the contents of communications covered by subdivision 1 or 2, to any person other than a
governmental entity.

(b) new text begin Except as provided in section 626A.42, new text end a provider of electronic communication
service or remote computing service may disclose a record or other information pertaining
to a subscriber to or customer of the service, not including the contents of communications
covered by subdivision 1 or 2, to a governmental entity only when the governmental entity:

(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena;

(2) obtains a warrant;

(3) obtains a court order for such disclosure under subdivision 4; or

(4) has the consent of the subscriber or customer to the disclosure.

(c) A governmental entity receiving records or information under this subdivision is
not required to provide notice to a subscriber or customer.

Sec. 2.

new text begin [626A.42] ELECTRONIC DEVICE LOCATION INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) An "adverse result" occurs when notification of the existence of a search warrant
results in:
new text end

new text begin (1) danger to the life or physical safety of an individual;
new text end

new text begin (2) a flight from prosecution;
new text end

new text begin (3) the destruction of or tampering with evidence;
new text end

new text begin (4) the intimidation of potential witnesses; or
new text end

new text begin (5) serious jeopardy to an investigation or undue delay of a trial.
new text end

new text begin (c) "Electronic communication service" has the meaning given in section 626A.01,
subdivision 17.
new text end

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

new text begin (e) "Government entity" means a 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 an individual acting or purporting to act for or on behalf
of a state or local agency.
new text end

new text begin (f) "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.
new text end

new text begin (g) "Location information service" means the provision of a global positioning
service or other mapping, locational, or directional information service.
new text end

new text begin (h) "Remote computing service" has the meaning given in section 626A.34.
new text end

new text begin Subd. 2. new text end

new text begin Search warrant required for location information. new text end

new text begin (a) Except as
provided in paragraph (b), a government entity may not obtain the location information of
an electronic device without a search warrant issued pursuant to chapter 626. A warrant
granting access to location information must be issued only if the government entity
shows that there is probable cause to believe that the person who possesses an electronic
device is committing, has committed, or is about to commit a felony level offense.
new text end

new text begin (b) A government entity may obtain location information without a search warrant:
new text end

new text begin (1) when the electronic device is reported lost or stolen by the owner;
new text end

new text begin (2) in order to respond to the user's call for emergency services;
new text end

new text begin (3) with the informed, affirmative consent of the owner or user of the electronic
device;
new text end

new text begin (4) with the informed, affirmative consent of the legal guardian or next of kin of
the owner or user if the owner or user is believed to be deceased or reported missing and
unable to be contacted; or
new text end

new text begin (5) in an emergency situation that involves the risk of death or serious physical harm
to a person who possesses an electronic communications device.
new text end

new text begin Subd. 3. new text end

new text begin Time period and extensions. new text end

new text begin (a) A search warrant issued under this section
must authorize the collection of location information for a period not to exceed 60 days, or
the period of time necessary to achieve the objective of the authorization, whichever is less.
new text end

new text begin (b) Extensions of a warrant may be granted, but only upon an application for an
order and upon the judicial finding required by subdivision 2. The period of extension
must be for a period not to exceed 60 days, or the period of time necessary to achieve the
objective for which it is granted, whichever is less.
new text end

new text begin (c) Paragraphs (a) and (b) apply only to search warrants issued for the
contemporaneous collection of electronic device location information.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin (a) Notice must be given to the owner or user of an electronic
device whose location information was obtained by a government entity.
new text end

new text begin (b) Unless delayed notice is ordered under paragraph (c), the government entity
shall provide notice to the owner or user that location information was obtained by the
government entity from the owner's or user's electronic device within three days of
obtaining the location information. The notice must be made by service or delivered
by registered or first-class mail, e-mail, or any other means reasonably calculated to be
effective as specified by the court issuing the warrant. The notice must contain the
following information:
new text end

new text begin (1) the nature of the government entity inquiry, with reasonable specificity;
new text end

new text begin (2) the location information of the owner or user that was obtained by, supplied to,
or requested by the government entity and the date on which it was obtained, provided,
or requested;
new text end

new text begin (3) if location information was obtained from a provider of electronic communication
service or other third party, the identity of the provider of electronic communication
service or the third party from whom the information was obtained; and
new text end

new text begin (4) whether the notification was delayed pursuant to paragraph (c) and, if so, the
court that granted the delay and the reasons for granting the delay.
new text end

new text begin (c) A government entity may include in the application for a warrant a request
for an order to delay the notification required under this subdivision for a period not to
exceed ten days. The court shall issue the order if the court determines that there is reason
to believe that notification may have an adverse result. Upon expiration of the period of
delay granted under this subdivision and any extension granted under paragraph (e), the
government entity shall provide the owner or user a copy of the warrant together with a
notice pursuant to paragraph (b).
new text end

new text begin (d) A government entity may include in its application for a warrant a request for
an order directing a provider of electronic communication service to which a warrant is
directed not to notify any other person of the existence of the warrant for a period of not
more than ten days. The court shall issue the order if the court determines that there is
reason to believe that notification of the existence of the warrant may have an adverse result.
new text end

new text begin (e) The court, upon application, may grant one or more extensions of orders granted
under paragraph (c) or (d) for up to an additional ten days.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin (a) Unless disclosure of information pertaining to a particular
request or set of requests is specifically prohibited by law, an electronic communication
service shall prepare a report including all of the following information, to the extent
it can be reasonably determined:
new text end

new text begin (1) the number of warrants for location information, the number of requests made
with the informed consent of the owner or user of an electronic device, and the number of
emergency requests received by the electronic communication service from January 1 to
December 31, inclusive, of the previous year;
new text end

new text begin (2) the total number of disclosures made by the electronic communication service
pursuant to this section from January 1 to December 31, inclusive, of the previous year; and
new text end

new text begin (3) for each category of demand or disclosure, the electronic communication service
shall include all of the following information:
new text end

new text begin (i) the number of times location information has been disclosed by the electronic
communication service;
new text end

new text begin (ii) the number of times no location information has been disclosed by the electronic
communication service;
new text end

new text begin (iii) the number of times the electronic communication service contests the demand;
and
new text end

new text begin (iv) the number of users whose location information was disclosed by the electronic
communication service.
new text end

new text begin (b) Electronic communication services required to complete reports under this
subdivision shall submit the reports to the commissioner of public safety on or before
February 1 of each year. The commissioner shall make the reports publicly available on
the department's Web site, in a searchable format, on or before April 1 of each year.
new text end