Senate BillNo. 467


Introduced by Senator Leno

February 21, 2013


An act relating to privacy.

LEGISLATIVE COUNSEL’S DIGEST

SB 467, as introduced, Leno. Privacy: electronic communications: warrant.

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 remote computing service.

This bill would declare the intent of the Legislature to enact legislation prohibiting a government entity from obtaining the contents of a wire or electronic communication from a provider of electronic communication service or remote computing service that is stored, held, or maintained by that service without a valid search warrant.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

It is the intent of the Legislature to enact
2legislation prohibiting a government entity from obtaining the
3contents of a wire or electronic communication from a provider
4of electronic communication service or remote computing service
P2    1that is stored, held, or maintained by that service without a valid
2search warrant.



O

    99