SCR 54, as introduced, Padilla. California Law Revision Commission: referral for study.
Existing law requires the California Law Revision Commission to study any topic referred to it for study by concurrent resolution of the Legislature.
This measure would require the commission to report to the Legislature recommendations to revise statutes governing access by state and local government agencies to customer information from communications service providers, as specified.
Fiscal committee: yes.
P1 1WHEREAS, Widespread use of 21st Century mobile and
2Internet-based communications technologies and services enable
3service providers to monitor, collect, and retain large quantities of
4information regarding customers, including when and with whom
5a customer communicates or transacts business, location data, and
6the content of communications; and
7WHEREAS, Government requests to communications service
8providers for customer information have increased dramatically
9in recent years, especially by law enforcement agencies; and
10WHEREAS, California statutes governing access to customer
11information lack clarity and uniform definitions as to the legal
12standard for government agencies to obtain customer information
P2 1from communications service providers, and many were enacted
2prior to the advent of wireless mobile services and the Internet;
3and
4WHEREAS, Revising and updating these statutes is necessary
5to reflect modern technologies and clarify the rights and
6responsibilities of customers, communications service providers,
7and government agencies seeking access to customer information;
8now, therefore, be it
9Resolved by the Senate of the State of California, the Assembly
10thereof concurring, That the California Law Revision Commission
11shall report to the Legislature recommendations to revise statutes
12governing access by state and local government agencies to
13customer information from communications service providers in
14order to do all of the following:
15(a) Update statutes to reflect 21st Century mobile and
16Internet-based technologies.
17(b) Protect customers’ constitutional rights, including, but not
18limited to, the rights of privacy and free speech, and the freedom
19from unlawful searches and seizures.
20(c) Enable state and local government agencies to protect public
21safety.
22(d) Clarify the process communications service providers are
23required to follow in response to requests from state and local
24agencies for customer information or in order to take action that
25would affect a customer’s service, with a specific description of
26whether a subpoena, warrant, court order, or other process or
27documentation is required; and be it
further
28Resolved, That the Secretary of the Senate transmit copies of
29this resolution to the author for appropriate distribution.
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