BILL NUMBER: SCR 54	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        JUNE 24, 2013

   Relative to the California Law Revision Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   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.



   WHEREAS, Widespread use of 21st Century mobile and Internet-based
communications technologies and services enable service providers to
monitor, collect, and retain large quantities of information
regarding customers, including when and with whom a customer
communicates or transacts business, location data, and the content of
communications; and
   WHEREAS, Government requests to communications service providers
for customer information have increased dramatically in recent years,
especially by law enforcement agencies; and
   WHEREAS, California statutes governing access to customer
information lack clarity and uniform definitions as to the legal
standard for government agencies to obtain customer information from
communications service providers, and many were enacted prior to the
advent of wireless mobile services and the Internet; and
   WHEREAS, Revising and updating these statutes is necessary to
reflect modern technologies and clarify the rights and
responsibilities of customers, communications service providers, and
government agencies seeking access to customer information; now,
therefore, be it
   Resolved by the Senate of the State of California, the Assembly
thereof concurring, That the California Law Revision Commission shall
report to the Legislature recommendations to revise statutes
governing access by state and local government agencies to customer
information from communications service providers in order to do all
of the following:
   (a) Update statutes to reflect 21st Century mobile and
Internet-based technologies.
   (b) Protect customers' constitutional rights, including, but not
limited to, the rights of privacy and free speech, and the freedom
from unlawful searches and seizures.
   (c)  Enable state and local government agencies to protect public
safety.
   (d) Clarify the process communications service providers are
required to follow in response to requests from state and local
agencies for customer information or in order to take action that
would affect a customer's service, with a specific description of
whether a subpoena, warrant, court order, or other process or
documentation is required; and be it further
   Resolved, That the Secretary of the Senate transmit copies of this
resolution to the author for appropriate distribution.