SB 178 — Privacy: electronic communications: search warrant.

Summary

(1) Existing law provides that a search warrant may only be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also states the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony, or when there is a warrant to arrest a person. This bill would prohibit a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant under specified conditions, except for emergency situations, as defined. The bill would also specify the conditions under which a government entity may access electronic device information by means of physical interaction or electronic communication with the device, such as pursuant to a search warrant, wiretap order, or consent of the owner of the device. The bill would define a number of terms for those purposes, including, among others, "electronic communication information" and "electronic device information," which the bill defines collectively as "electronic information." The bill would require a search warrant for electronic information to describe with particularity the information to be seized and would impose other conditions on the use of the search warrant or wiretap order and the information obtained, including retention, sealing, and disclosure. The bill would require a warrant directed to a service provider to be accompanied by an order requiring the service provider to verify by affidavit the authenticity of electronic information that it produces, as specified. The bill would authorize a service provider to voluntarily disclose, when not otherwise prohibited by state or federal law, electronic communication information or subscriber information, and would require a government entity to destroy information so provided within 90 days, subject to specified exceptions. The bill would, subject to exceptions, require a government entity that executes a search warrant pursuant to these provisions to contemporaneously provide notice, as specified, to the identified target, that informs the recipient that information about the recipient has been compelled or requested, and that states the nature of the government investigation under which the information is sought. The bill would authorize a delay of 90 days, subject to renewal, for providing the notice under specified conditions that constitute an emergency. The bill would require the notice to include a copy of the warrant or statement describing the emergency under which the notice was delayed. The bill would provide that any person in a trial, hearing, or proceeding may move to suppress any electronic information obtained or retained in violation of its provisions, according to specified procedures. The bill would provide that a California or foreign corporation, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance in accordance with the terms of a warrant, wiretap order, or other order issued pursuant to these provisions. (2) The California Constitution provides for the Right to Truth in Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill would exclude evidence obtained or retained in violation of its provisions in a criminal proceeding, it requires a 23 vote of the Legislature.

Bill Text

• Chaptered 10/08/15 - Chaptered Current pdf October 08, 2015
• Enrolled 09/10/15 - Enrolled pdf September 10, 2015
• Amended 09/04/15 - Amended Assembly pdf September 04, 2015
• Amended 08/28/15 - Amended Assembly pdf August 28, 2015
• Amended 08/17/15 - Amended Assembly pdf August 17, 2015
• Amended 07/07/15 - Amended Assembly pdf July 07, 2015
• Amended 06/24/15 - Amended Assembly pdf June 24, 2015
• Amended 06/02/15 - Amended Senate pdf June 02, 2015
• Amended 04/22/15 - Amended Senate pdf April 22, 2015
• Amended 03/16/15 - Amended Senate pdf March 16, 2015
• Introduced 02/09/15 - Introduced pdf February 09, 2015
• SB178 View text html

Action History

1. October 08, 2015

   Chaptered by Secretary of State. Chapter 651, Statutes of 2015.

2. October 08, 2015

   Approved by the Governor.

3. September 11, 2015

   Enrolled and presented to the Governor at 10:45 p.m.

4. September 09, 2015

   Assembly amendments concurred in. (Ayes 34. Noes 4. Page 2644.) Ordered to engrossing and enrolling.

5. September 08, 2015

   In Senate. Concurrence in Assembly amendments pending.

6. September 08, 2015

   Read third time. Passed. (Ayes 57. Noes 13. Page 2974.) Ordered to the Senate.

7. September 04, 2015

   Action rescinded whereby the bill was read a third time and amended.

8. September 04, 2015

   Ordered to third reading.

9. September 04, 2015

   Read third time and amended.

10. August 31, 2015

    Read second time. Ordered to third reading.

11. August 28, 2015

    Read second time and amended. Ordered to second reading.

12. August 28, 2015

    From committee: Do pass as amended. (Ayes 15. Noes 0.) (August 27).

13. August 19, 2015

    August 19 set for first hearing. Placed on APPR. suspense file.

14. August 17, 2015

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

15. July 14, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 14). Re-referred to Com. on APPR.

16. July 07, 2015

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

17. June 24, 2015

    Read second time and amended. Re-referred to Com. on PUB. S.

18. June 23, 2015

    From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 9. Noes 0.) (June 23).

19. June 11, 2015

    Referred to Coms. on P. & C.P. and PUB. S.

20. June 04, 2015

    In Assembly. Read first time. Held at Desk.

21. June 03, 2015

    Read third time. Passed. (Ayes 39. Noes 0. Page 1301.) Ordered to the Assembly.

22. June 02, 2015

    Read second time and amended. Ordered to third reading.

23. June 01, 2015

    From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1148.) (May 28).

24. May 23, 2015

    Set for hearing May 28.

25. April 27, 2015

    April 27 hearing: Placed on APPR. suspense file.

26. April 22, 2015

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

27. April 17, 2015

    Set for hearing April 27.

28. April 15, 2015

    April 20 hearing postponed by committee.

29. April 10, 2015

    Set for hearing April 20.

30. March 24, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 404.) (March 24). Re-referred to Com. on APPR.

31. March 16, 2015

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

32. March 06, 2015

    Set for hearing March 24.

33. February 19, 2015

    Referred to Com. on PUB. S.

34. February 10, 2015

    From printer. May be acted upon on or after March 12.

35. February 09, 2015

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Anderson · Cosponsor
• Cannella · Cosponsor
• Chiu · Cosponsor
• Gatto · Cosponsor
• Gordon · Cosponsor
• Hertzberg · Cosponsor
• Hill · Cosponsor
• Leno · Primary
• Maienschein · Cosponsor
• Mike McGuire · Cosponsor
• Nielsen · Cosponsor
• Obernolte · Cosponsor
• Quirk · Cosponsor
• Roth · Cosponsor
• Ting · Cosponsor
• Weber · Cosponsor
• Beth Gaines · Cosponsor

Votes

Subjects