2020 -- S 2417 | |
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LC004245 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS - | |
ESTABLISHING THE ELECTRONIC INFORMATION OR DATA PRIVACY ACT | |
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Introduced By: Senators de la Cruz, Morgan, Paolino, Euer, and Lombardi | |
Date Introduced: February 13, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW - GENERAL |
2 | REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 13.4 |
4 | ELECTRONIC INFORMATION OR DATA PRIVACY ACT |
5 | 6-13.4-1. Short title. |
6 | This chapter shall be known and may be cited as the "Electronic Information or Data |
7 | Privacy Act." |
8 | 6-13.4-2. Definitions. |
9 | As used in this chapter: |
10 | (1) "Electronic communication service" means a service that provides to users of the |
11 | service the ability to send or receive wire or electronic communications. |
12 | (2) "Electronic device" means a device that enables access to or use of an electronic |
13 | communication service, remote computing service, or location information service. |
14 | (3)(i) "Electronic information or data" means information or data including a sign, signal, |
15 | writing, image, sound, or intelligence of any nature transmitted or stored in whole or in part by a |
16 | wire, radio, electromagnetic, photoelectronic, or photooptical system. |
17 | (ii) "Electronic information or data" means and includes the location information, stored |
18 | data, or transmitted data of an electronic device. |
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1 | (iii) "Electronic information or data" does not include: |
2 | (A) A wire or oral communication; |
3 | (B) A communication made through a tone-only paging device; or |
4 | (C) Electronic funds transfer information stored by a financial institution in a |
5 | communications system used for the electronic storage and transfer of money. |
6 | (4) "Law enforcement agency" means an entity of the state or a political subdivision of |
7 | the state that exists to primarily prevent, detect, or prosecute crime and enforce criminal statutes |
8 | or ordinances. |
9 | (5) "Location information" means information, obtained by means of a tracking device, |
10 | concerning the location of an electronic device that, in whole or in part, is generated or derived |
11 | from or obtained by the operation of an electronic device. |
12 | (6) "Location information service" means the provision of a global positioning service or |
13 | other mapping, location, or directional information service. |
14 | (7) "Oral communication" means the same as that term is defined in § 12-5.1-1. |
15 | (8) "Remote computing service" means the provision to the public of computer storage or |
16 | processing services by means of an electronic communications system. |
17 | (9) "Subscriber record" means a record or information of a provider of an electronic |
18 | communication service or remote computing service that reveals the subscriber's or customer's: |
19 | (i) Name; |
20 | (ii) Address; |
21 | (iii) Local and long distance telephone connection record, or record of session time and |
22 | duration; |
23 | (iv) Length of service, including the start date; |
24 | (v) Type of service used; |
25 | (vi) Telephone number, instrument number, or other subscriber or customer number or |
26 | identification, including a temporarily assigned network address; and |
27 | (vii) Means and source of payment for the service, including a credit card or bank |
28 | account number. |
29 | (10) "Transmitted data" means electronic information or data that is transmitted |
30 | wirelessly: |
31 | (i) From an electronic device to another electronic device without the use of an |
32 | intermediate connection or relay; or |
33 | (ii) From an electronic device to a nearby antenna. |
34 | (11) "Wire communication" means the same as that term is defined in 18 U.S.C. § 2510. |
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1 | 6-13.4-3. Warrant requirements and exceptions. |
2 | (a)(1) Except as provided in subsection (b) of this section, for a criminal investigation or |
3 | prosecution, a law enforcement agency may not obtain, without a search warrant issued by a court |
4 | upon probable cause: |
5 | (i) The location information, stored data, or transmitted data of an electronic device; or |
6 | (ii) Electronic information or data transmitted by the owner of the electronic information |
7 | or data to a remote computing service provider. |
8 | (2) Except as provided in subsection (a)(3) of this section, a law enforcement agency may |
9 | not use, copy, or disclose, for any purpose, the location information, stored data, transmitted data |
10 | of an electronic device, or electronic information or data provided by a remote computing service |
11 | provider, that: |
12 | (i) Is not the subject of the warrant; and |
13 | (ii) Is collected as part of an effort to obtain the location information, stored data, |
14 | transmitted data of an electronic device, or electronic information or data provided by a remote |
15 | computing service provider that is the subject of the warrant in subsection (a)(1) of this section. |
16 | (3) A law enforcement agency may use, copy, or disclose the transmitted data of an |
17 | electronic device used to communicate with the electronic device that is the subject of the warrant |
18 | if the law enforcement agency reasonably believes that the transmitted data is necessary to |
19 | achieve the objective of the warrant. |
20 | (4) The electronic information or data described in subsection (a)(2) shall be destroyed in |
21 | an unrecoverable manner by the law enforcement agency as soon as reasonably possible after the |
22 | electronic information or data is collected. |
23 | (b)(1) A law enforcement agency may obtain location information without a warrant for |
24 | an electronic device: |
25 | (i) In accordance with exigent circumstances when a police officer or law enforcement |
26 | official has an objectively reasonable basis that serious injury or death may result upon delay; |
27 | (ii) If the device is reported stolen by the owner; |
28 | (iii) With the informed, affirmative consent of the owner or user of the electronic device; |
29 | (iv) In accordance with a judicially recognized exception to warrant requirements; |
30 | (v) If the owner has voluntarily and publicly disclosed the location information; or |
31 | (vi) From the remote computing service provider if the remote computing service |
32 | provider voluntarily discloses the location information: |
33 | (A) Under a belief that an emergency exists involving an imminent risk to an individual |
34 | of death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping, or |
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1 | human trafficking; or |
2 | (B) That is inadvertently discovered by the remote computing service provider and |
3 | appears to pertain to the commission of a felony, or of a misdemeanor involving physical |
4 | violence, sexual abuse, or dishonesty. |
5 | (2) A law enforcement agency may obtain stored or transmitted data from an electronic |
6 | device, or electronic information or data transmitted by the owner of the electronic information or |
7 | data to a remote computing service provider, without a warrant: |
8 | (i) With the informed consent of the owner of the electronic device or electronic |
9 | information or data; |
10 | (ii) In accordance with a judicially recognized exception to warrant requirements; |
11 | (iii) In connection with a report forwarded by the National Center for Missing and |
12 | Exploited Children under 18 U.S.C. § 2258A; or |
13 | (iv) From a remote computing service provider if the remote computing service provider |
14 | voluntarily discloses the stored or transmitted data as otherwise permitted under 18 U.S.C. § |
15 | 2702. |
16 | (3) A prosecutor may obtain a judicial order or warrant as otherwise permitted by law. |
17 | (c) An electronic communication service provider or remote computing service provider, |
18 | the provider's officers, employees, agents or other specified persons may not be held liable for |
19 | providing information, facilities, or assistance in good faith reliance on the terms of the warrant |
20 | issued under this section or without a warrant in accordance with subsection (b) of this section. |
21 | (d) Nothing in this chapter limits or affects the disclosure of public records under chapter |
22 | 2 of title 38. |
23 | 6-13.4-4. Notification required - Delayed notification. |
24 | (a)(1) Except as provided in subsection (b) of this section, a law enforcement agency that |
25 | executes a warrant pursuant to this chapter shall, within fourteen (14) days after the day on which |
26 | the electronic information or data that is the subject of the warrant is obtained by the law |
27 | enforcement agency, issue a notification to the owner of the electronic device or electronic |
28 | information or data specified in the warrant that states: |
29 | (i) That a warrant was applied for and granted; |
30 | (ii) The kind of warrant issued; |
31 | (iii) The period of time during which the collection of the electronic information or data |
32 | was authorized; |
33 | (iv) The offense specified in the application for the warrant; |
34 | (v) The identity of the law enforcement agency that filed the application; and |
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1 | (vi) The identity of the judge who issued the warrant. |
2 | (2) The notification requirement under subsection (a)(1) of this section is not triggered |
3 | until the owner of the electronic device or electronic information or data specified in the warrant |
4 | is known, or could be reasonably identified, by the law enforcement agency. |
5 | (b) A law enforcement agency seeking a warrant pursuant to the provision of this chapter |
6 | may submit a request, and the court may grant permission, to delay the notification required by |
7 | subsection (a) of this section for a period not to exceed thirty (30) days, if the court determines |
8 | that there is reasonable cause to believe that the notification may: |
9 | (1) Endanger the life or physical safety of an individual; |
10 | (2) Cause a person to flee from prosecution; |
11 | (3) Lead to the destruction of or tampering with evidence; |
12 | (4) Intimidate a potential witness; or |
13 | (5) Otherwise seriously jeopardize an investigation or unduly delay a trial. |
14 | (c)(1) When a delay of notification is granted under subsection (b) of this section and |
15 | upon application by the law enforcement agency, the court may grant additional extensions of up |
16 | to thirty (30) days each. |
17 | (2) Notwithstanding subsection (c)(1) of this section, when a delay of notification is |
18 | granted under subsection (b), and upon application by a law enforcement agency, the court may |
19 | grant an additional extension of up to sixty (60) days if the court determines that a delayed |
20 | notification is justified because the investigation involving the warrant: |
21 | (i) Is Interstate in nature and sufficiently complex; or |
22 | (ii) Is likely to extend up to or beyond an additional sixty (60) days. |
23 | (d) Upon expiration of the period of delayed notification granted under subsection (b) or |
24 | (c) of this section, the law enforcement agency shall serve upon or deliver by first-class mail, or |
25 | by other means if delivery is impracticable, to the owner of the electronic device or electronic |
26 | information or data a copy of the warrant together with notice that: |
27 | (1) States with reasonable specificity the nature of the law enforcement inquiry; and |
28 | (2) Contains: |
29 | (i) The information described in subsection (a)(1) of this section; |
30 | (ii) A statement that notification of the search was delayed; |
31 | (iii) The name of the court that authorized the delay of notification; and |
32 | (iv) A reference to the provision of this chapter that allowed the delay of notification. |
33 | (e) A law enforcement agency is not required to notify the owner of the electronic device |
34 | or electronic information or data if the owner is located outside of the United States. |
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1 | 6-13.4-5. Law enforcement use. |
2 | (a) Except as provided pursuant to subsection (b) of this section, a law enforcement |
3 | agency may not obtain, use, copy, or disclose, for a criminal investigation or prosecution, any |
4 | record or information, other than subscriber record, of a provider of an electronic communication |
5 | service or remote computing service related to a subscriber or customer without a warrant. |
6 | (b) A law enforcement agency may obtain, use, copy, or disclose a subscriber record, or |
7 | other record or information related to a subscriber or customer, without a warrant: |
8 | (1) With the informed, affirmed consent of the subscriber or customer; |
9 | (2) In accordance with a judicially recognized exception to warrant requirements; |
10 | (3) If the subscriber or customer voluntarily discloses the record in a manner that is |
11 | publicly accessible; or |
12 | (4) If the provider of an electronic communication service or remote computing service |
13 | voluntarily discloses the record: |
14 | (i) Under a belief that an emergency exists involving the imminent risk to an individual |
15 | of: |
16 | (A) Death; |
17 | (B) Serious physical injury; |
18 | (C) Sexual abuse; |
19 | (D) Live-streamed sexual exploitation; |
20 | (E) Kidnapping; or |
21 | (F) Human trafficking; |
22 | (ii) That is inadvertently discovered by the provider, if the record appears to pertain to the |
23 | commission of: |
24 | (A) A felony; or |
25 | (B) A misdemeanor involving physical violence, sexual abuse, or dishonesty; or |
26 | (iii) As otherwise permitted under 18 U.S.C. § 2702. |
27 | (c) A provider of an electronic communication service or remote computing service, or |
28 | the provider's officers, employees, agents, or other specified persons may not be held liable for |
29 | providing information, facilities, or assistance in good faith reliance on the terms of a warrant |
30 | issued under this section, or without a warrant in accordance with the provisions of subsection (b) |
31 | of this section. |
32 | 6-13.4-6. Exclusion of records. |
33 | All electronic information or data and records of a provider of an electronic |
34 | communications service or remote computing service pertaining to a subscriber or customer that |
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1 | are obtained in violation of the provisions of this chapter shall be subject to the rules governing |
2 | exclusion as if the record were obtained in violation of the Fourth Amendment to the United |
3 | States Constitution. |
4 | SECTION 2. This act shall take effect upon passage. |
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LC004245 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS - | |
ESTABLISHING THE ELECTRONIC INFORMATION OR DATA PRIVACY ACT | |
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1 | This act would provide electronic data and information privacy protection. The act would |
2 | limit access by law enforcement to electronic data and information to specified circumstances and |
3 | to situations when a warrant is issued. |
4 | This act would take effect upon passage. |
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LC004245 | |
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