Bill Text: CA SB1434 | 2011-2012 | Regular Session | Amended

California Senate Bill 1434 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Location information: warrants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-30 - In Senate. Consideration of Governor's veto pending. [SB1434 Detail]

Download: California-2011-SB1434-Amended.html

BILL NUMBER: SB 1434	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2012
	AMENDED IN SENATE  MAY 1, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Leno

                        FEBRUARY 24, 2012

   An act to add Chapter 3.6 (commencing with Section 1546) to Title
12 of Part 2 of the Penal Code, relating to location information.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1434, as amended, Leno. Location information: warrants.
   Existing law authorizes a court or magistrate to issue a warrant
for the search of a place and the seizure of property or things
identified in the warrant where there is probable cause to believe
that specified grounds exist. Existing law also provides for a
warrant procedure for the acquisition of stored communications in the
possession of a provider of electronic communication service or a
remote computing service.
   This bill would prohibit a government entity, as defined, from
obtaining the location information of an electronic device without a
valid search warrant issued by a duly authorized magistrate unless
certain exceptions apply, including in an emergency or when requested
by the owner of the device. The bill would prohibit the use of
information obtained in violation of these provisions  from
being used  in a civil or administrative hearing. 
The bill would require a provider to prepare a report containing
specified information relating to requests for location information
and make the report available to the public on the Internet, in a
searchable format, on or before March 1 of each year, as provided. If
the provider does not have an Internet Web site, the bill would
require the provider to send the report to the Office of Privacy
Protection. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 3.6 (commencing with Section 1546) is added to
Title 12 of Part 2 of the Penal Code, to read:
      CHAPTER 3.6.  LOCATION PRIVACY


   1546.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Electronic communication service" means a service that
provides to users thereof the ability to send or receive wire or
electronic communications.
   (b) "Electronic device" means a device that enables access to, or
use of, an electronic communication service, remote computing
service, or location information service.
   (c) "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.
   (d) "Location information" means information, concerning the
location of an electronic device, including both the current location
and any prior location of the device, that, in whole or in part, is
generated, derived from, or obtained by the operation of an
electronic device.
   (e) "Location information service" means the provision of a global
positioning service or other mapping, locational, or directional
information service.
   (f) "Owner" means the person or entity recognized by the law as
having the legal title, claim, or right to, an electronic device.

   (g) "Provider" means a commercial entity offering an electronic
communication service, remote computing service, or location
information service.  
   (h) 
    (g)  "Remote computing service" means the provision of
computer storage or processing services by means of an electronic
communications system. 
   (i) 
    (h)  "User" means a person or entity that uses an
electronic device.
   1546.1.  (a) No government entity shall obtain the location
information of an electronic device without a valid search warrant
issued by a duly authorized magistrate using procedures established
pursuant to Chapter 3 (commencing with Section 1523).
   (b) No search warrant shall issue for the location of an
electronic device pursuant to this section for a period of time
longer than is necessary to achieve the objective of the
authorization, nor in any event longer than 30 days, commencing on
the day of the initial obtaining of location information, or 10 days
after the issuance of the warrant, whichever comes first. Extensions
of a warrant may be granted, but only upon a  judge   or
magistrate  finding  of  continuing probable
cause  by the judge or magistrate,  and that the
extension is necessary to achieve the objective of the authorization.
Each extension granted for a warrant pursuant to this subdivision
shall be for no longer than the authorizing judge or magistrate deems
necessary to achieve the purposes for which the warrant was
originally granted, but in any event, shall be for no longer than 30
days.
   (c) Notwithstanding subdivision (a), a government entity may
obtain location information without a search warrant, as provided in
this section, in any of the following circumstances:
   (1) In order to respond to the user's call for emergency services.

   (2) With the informed, affirmative consent of the owner or user of
the electronic device concerned, provided that the owner or user may
not consent to the disclosure of location information if the device
is known or believed to be in the possession of, or attached to a
possession of, a third party known to the owner or user.
   (3) Pursuant to a request by a government entity that asserts that
the government entity reasonably believes that an emergency
involving immediate danger of death or serious physical injury to
 the owner or user   any person  requires
 the immediate access to   the disclosure,
without delay, of  location information  relating to the
emergency  and there is insufficient time to obtain a warrant.
The government entity seeking the location information pursuant to
this paragraph shall file with the appropriate court a written
statement setting forth the facts giving rise to the emergency 
and the facts why the person whose location information was sought
was believed to be important in addressing the emergency,  no
later than 48 hours after seeking disclosure. 
   1546.2.  (a) Unless disclosure of information pertaining to a
particular request or set of requests is specifically prohibited by
law, a provider shall prepare a report including all of the following
information, to the extent it can be reasonably determined:
   (1) The number of federal and state warrants for location
information and the number of requests for location information made
with the informed consent of the user as described in paragraph (2)
of subdivision (c) of Section 1546.1 or emergency requests received
by the provider pursuant to paragraph (1) of subdivision (c) of
Section 1546.1 received by the provider from January 1 to December
31, inclusive, of the previous year.
   (2) The total number of disclosures made by the provider pursuant
to Section 1546.1, from January 1 to December 31, inclusive, of the
previous year.
   (3) For each category of demand or disclosure, the provider shall
include all of the following information:
   (A) The number of times location information has been disclosed by
the provider.
   (B) The number of times no location information has been disclosed
by the provider.
   (C) The number of times the provider contests the demand.
   (D) The number of users whose location information was disclosed
by the provider.

   (b) Reports prepared pursuant to subdivision (a) shall be made
publicly available in an online, searchable format on or before March
1 of each year. If the provider does not have an Internet Web site,
the provider shall send the reports to the Office of Privacy
Protection on or before March 1 of each year.
   (c) On or before March 1 of each year, a provider subject to
Section 22575 of the Business and Professions Code shall complete one
of the of the following actions:
   (1) Create a prominent hyperlink to its latest report prepared
pursuant to subdivision (a) in the disclosure section of its privacy
policy.
   (2) Post the report prepared pursuant to subdivision (a) in the
section of its Internet Web site explaining the way in which user
information and privacy issues related to its service are addressed.

   1546.3.  Except as proof of a violation of this section, no
evidence obtained in violation of this section shall be admissible in
a civil or administrative proceeding.