language to be deleted (2) new language
relating to public safety; modifying criteria for publishing court of appeals opinions; requiring a government entity to obtain a search warrant before accessing electronic communication information; regulating use of unmanned aerial vehicles; classifying data; making clarifying, conforming, and technical changes; expanding the scope of location tracking warrants;
amending Minnesota Statutes 2018, sections 13.82, subdivision 15, by adding a subdivision; 480A.08, subdivision 3; 626A.08, subdivision 2; 626A.26, subdivision 3; 626A.27, subdivision 2; 626A.28, subdivisions 3, 4, 5; 626A.31, subdivision 1; 626A.37, subdivision 4; 626A.42, subdivisions 1, 2, 3, 5; proposing coding for new law in Minnesota Statutes, chapter 626; repealing Minnesota Statutes 2018, sections 626A.28, subdivisions 1, 2; 626A.29; 626A.30.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Any law enforcement agency may make any data classified as confidential or protected nonpublic pursuant to subdivision 7 or as private or nonpublic under section 13.825 accessible to any person, agency, or the public if the agency determines that the access will aid the law enforcement process, promote public safety, or dispel widespread rumor or unrest.
(a) A decision shall be rendered in every case within 90 days after oral argument or after the final submission of briefs or memoranda by the parties, whichever is later. The chief justice or the chief judge may waive the 90-day limitation for any proceeding before the court of appeals for good cause shown. In every case, the decision of the court, including any written opinion containing a summary of the case and a statement of the reasons for its decision, shall be indexed and made readily available.
(b) The decision of the court need not include a written opinion. A statement of the decision without a written opinion must not be officially published and must not be cited as precedent, except as law of the case, res judicata, or collateral estoppel.
(c) The court of appeals may publish only those decisions that:
(1) establish a new rule of law;
(2) overrule a previous court of appeals' decision not reviewed by the supreme court;
(3) provide important procedural guidelines in interpreting statutes or administrative rules;
(4) involve a significant legal issue; or
(5) would significantly aid in the administration of justice.
Unpublished opinions of the court of appeals are not precedential. Unpublished opinions must not be cited unless the party citing the unpublished opinion provides a full and correct copy to all other counsel at least 48 hours before its use in any pretrial conference, hearing, or trial. If cited in a brief or memorandum of law, a copy of the unpublished opinion must be provided to all other counsel at the time the brief or memorandum is served, and other counsel may respond.
Applications made and warrants issued under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of the district court and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.
Subdivision 1 does not apply with respect to conduct authorized:
(1) by the person or entity providing a wire or electronic communications service;
(2) by a user of that service with respect to a communication of or intended for that user; or
A person or entity may divulge the contents of a communication:
(1) to an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;
(3) with the lawful consent of the originator or an addressee or intended recipient of the communication, or the subscriber in the case of remote computing service;
(4) to a person employed or authorized or whose facilities are used to forward a communication to its destination;
(5) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or
(6) to a law enforcement agency, if the contents:
(i) were inadvertently obtained by the service provider; and
(ii) appear to pertain to the commission of a crime.
(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) 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.
(d) Notwithstanding paragraph (b), a provider of electronic communication service or remote computing service may not disclose location information covered by section 626A.42 to a government entity except as provided in that section.
A court order for disclosure under subdivision 2 or 3 must issue only if the governmental entity shows that there is reason to believe the contents of a wire or electronic communication, or the records or other information sought, are relevant to a legitimate law enforcement inquiry. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider.
No cause of action lies in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, or certification under sections 626A.26 to 626A.34.
Except as otherwise provided in subdivision 3, a governmental entity obtaining the contents of communications, records, or other information under sections 626A.27, 626A.28, and 626A.29 shall pay to the person or entity assembling or providing the information a fee for reimbursement for costs that are reasonably necessary and that have been directly incurred in searching for, assembling, reproducing, or otherwise providing the information. The reimbursable costs must include any costs due to necessary disruption of normal operations of the electronic communication service or remote computing service in which the information may be stored.
An order authorizing or approving the installation and use of a pen register, trap and trace device, or a mobile tracking device must direct that:
(1) the order be sealed until otherwise ordered by the court; and
(2) the person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register, trap and trace device, mobile tracking device, or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
(a) The definitions in this subdivision apply to this section.
(b) "Electronic communication service" has the meaning given in section 626A.01, subdivision 17.
(c) "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.
(d) "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.
(e) "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.
(f) "Location information service" means the provision of a global positioning service or other mapping, locational, or directional information service.
(g) "Remote computing service" has the meaning given in section 626A.34.
(h) "Tracking warrant" means an order in writing, in the name of the state, signed by a court other than a court exercising probate jurisdiction, directed to a peace officer, granting the officer access to location information of an electronic device.
(a) Except as provided in paragraph (b), a government entity may not obtain the location information of an electronic device without a tracking warrant. A warrant granting access to location information must be issued only if the government entity shows that there is probable cause the person who possesses an electronic device is committing, has committed, or is about to commit a crime. An application for a warrant must be made in writing and include:
(1) the identity of the government entity's peace officer making the application, and the officer authorizing the application; and
(2) a full and complete statement of the facts and circumstances relied on by the applicant to justify the applicant's belief that a warrant should be issued, including (i) details as to the particular offense that has been, is being, or is about to be committed, and (ii) the identity of the person, if known, committing the offense whose location information is to be obtained.
(b) A government entity may obtain location information without a tracking warrant:
(1) when the electronic device is reported lost or stolen by the owner;
(2) in order to respond to the user's call for emergency services;
(3) with the informed, affirmative, documented consent of the owner or user of the electronic device;
(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
(a) A tracking 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.
(b) Extensions of a tracking warrant may be granted, but only upon an application for an order and upon the judicial finding required by subdivision 2, paragraph (a). 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.
(c) Paragraphs (a) and (b) apply only to tracking warrants issued for the contemporaneous collection of electronic device location information.
(a) At the same time as notice is provided under subdivision 4, the issuing or denying judge shall report to the state court administrator:
(1) the fact that a tracking warrant or extension was applied for;
(2) the fact that the warrant or extension was granted as applied for, was modified, or was denied;
(3) the period of collection authorized by the warrant, and the number and duration of any extensions of the warrant;
(4) the offense specified in the warrant or application, or extension of a warrant;
(5) whether the collection required contemporaneous monitoring of an electronic device's location; and
(6) the identity of the applying investigative or peace officer and agency making the application and the person authorizing the application.
(b) On or before November 15 of each even-numbered year, the state court administrator shall transmit to the legislature a report concerning: (1) all tracking warrants authorizing the collection of location information during the two previous calendar years; and (2) all applications that were denied during the two previous calendar years. Each report shall include a summary and analysis of the data required to be filed under this subdivision. The report is public and must be available for public inspection at the Legislative Reference Library and the state court administrator's office and website.
Presented to the governor May 14, 2020
Signed by the governor May 16, 2020, 11:06 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes