BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1993|
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THIRD READING
Bill No: AB 1993
Author: Irwin (D)
Amended: 8/2/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/28/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza, Nielsen
NOES: Bates
ASSEMBLY FLOOR: 54-19, 5/19/16 - See last page for vote
SUBJECT: Law enforcement contact process: service providers
SOURCE: Author
DIGEST: This bill requires that certain technology companies
specify a law enforcement contact process to coordinate with law
enforcement agency investigations, as specified.
ANALYSIS:
Existing law:
1) Provides that the right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrants
AB 1993
Page 2
shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be
searched and the persons or things to be seized. (U.S.
Const., 4th Amend.; Cal. Const., art. I, § 13.)
2) Establishes rules and regulations for corporations to
appoint agents for service of process. Additionally,
specifies rules for when agents for service of process resign
and the designation of a new agent for service of process.
(Corporations Code §§ 1502, 1503 & 1504.)
3) Prohibits exclusion of relevant evidence in a criminal
proceeding on the ground that the evidence was obtained
unlawfully, unless the relevant evidence must be excluded
because it was obtained in violation of the federal
Constitution's Fourth Amendment. (Cal. Const., art. I, §
28(f)(2) (Right to Truth-in-Evidence provision).)
4) Defines a "search warrant" as a written order in the name of
the people, signed by a magistrate and directed to a peace
officer, commanding him or her to search for a person or
persons, a thing or things, or personal property, and in the
case of a thing or things or personal property, bring the
same before the magistrate. (Penal Code § 1523.)
5) Provides the specific grounds upon which a search warrant
may be issued, including when the property or things to be
seized consist of any item or constitute any evidence that
tends to show a felony has been committed, or tends to show
that a particular person has committed a felony. (Penal Code
§ 1524.)
6) Provides that a search warrant cannot be issued but upon
probable cause, supported by affidavit, naming or describing
the person to be searched or searched for, and particularly
describing the property, thing, or things and the place to be
searched. (Penal Code § 1525.)
AB 1993
Page 3
7) Requires a magistrate to issue a search warrant if he or she
is satisfied of the existence of the grounds of the
application or that there is probable cause to believe their
existence. (Penal Code § 1528(a).)
8) Requires a provider of electronic communication service or
remote computing service to disclose to a governmental
prosecuting or investigating agency the name, address, local
and long distance telephone toll billing records, telephone
number or other subscriber number or identity, and length of
service of a subscriber to or customer of that service, and
the types of services the subscriber or customer utilized,
when the governmental entity is granted a search warrant.
(Penal Code § 1524.3(a).)
9) States that a governmental entity receiving subscriber
records or information is not required to provide notice to a
subscriber or customer of the warrant. (Penal Code § §
1524.3(b).)
10)Authorizes a court issuing a search warrant, on a motion
made promptly by the service provider, to quash or modify the
warrant if the information or records requested are unusually
voluminous in nature or compliance with the warrant otherwise
would cause an undue burden on the provider. (Penal Code §
1524.3(c).)
11)Requires a provider of wire or electronic communication
services or a remote computing service, upon the request of a
peace officer, to take all necessary steps to preserve
records and other evidence in its possession pending the
issuance of a search warrant or a request in writing and an
affidavit declaring an intent to file a warrant to the
provider. Records shall be retained for a period of 90 days,
which shall be extended for an additional 90 day period upon
a renewed request by the peace officer. (Penal Code §
1524.3(d).)
12)Specifies that no cause of action shall be brought against
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Page 4
any provider, its officers, employees, or agents for
providing information, facilities, or assistance in good
faith compliance with a search warrant. (Penal Code §
1524.3(e).)
13)Provides for a process for a search warrant for records that
are in the actual or constructive possession of a foreign
corporation that provides electronic communication services
or remote computing services to the general public, where the
records would reveal the identity of the customers using
those services, data stored by, or on behalf of, the
customer, the customer's usage of those services, the
recipient or destination of communications sent or from those
customers, or the content of those communications. (Penal
Code § 1524.2.)
14)Defines a "service provider" as "a person or entity offering
an electronic communication service." (Penal Code §
15469(j).)
This bill requires service providers, as defined, to maintain a
law enforcement contact process that meets specified criteria,
and by July 1, 2017, file a statement with the Attorney General
describing that process.
Background
According to the background submitted by the author, "With the
passage of SB 178 (Leno), also known as CalECPA (California
Electronic Communications Privacy Act), privacy rights were
extended to electronic data in a way that federal law does not:
it bars any state law enforcement or investigative entity from
compelling a business to turn over any data or digital
communication-including emails, texts, documents stored in the
cloud-without a warrant. It also requires a warrant to search or
track the location of a business' electronic devices like mobile
phones. Also, no business (or its officers, employees and
agents) may be subject to any cause of action for providing
information or assistance pursuant to a warrant or court order.
AB 1993
Page 5
CalECPA also permits a service provider to voluntarily disclose
electronic communication information when disclosure is not
otherwise prohibited by law, such as in emergency situations."
This bill is intended to provide law enforcement with a process
to get this information.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, one-time costs
potentially in excess of $250,000 and ongoing costs of less than
$100,000 (General Fund) to the Department of Justice to receive,
review, and consolidate the service provider statements to make
a record available to law enforcement agencies, as well as to
update the record for revised and new provider statements on a
continual basis. Workload costs would be dependent on the volume
of service provider statements filed, which is unknown but
potentially significant given the broad definition of "service
provider" potentially subject to the reporting requirements of
this bill.
SUPPORT: (Verified8/11/16)
California District Attorneys Association
California Police Chiefs Association
California State Sheriffs' Association
Los Angeles County District Attorney's Office
OPPOSITION: (Verified8/11/16)
California Association of Collectors
California Bankers Association
California Chamber of Commerce
California Financial Services Association
AB 1993
Page 6
CompTIA
CTIA- The Wireless Association
Internet Association
Personal Insurance Federation of California
ASSEMBLY FLOOR: 54-19, 5/19/16
AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom,
Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez,
Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman,
Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,
Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden,
Irwin, Jones-Sawyer, Lackey, Levine, Lopez, Low, Medina,
Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Mark Stone, Thurmond, Waldron, Weber, Wood,
Rendon
NOES: Travis Allen, Bigelow, Brough, Dahle, Beth Gaines,
Gallagher, Grove, Harper, Jones, Kim, Linder, Maienschein,
Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth,
Wagner
NO VOTE RECORDED: Chang, Frazier, Mathis, McCarty, Ting, Wilk,
Williams
Prepared by:Jessica Devencenzi / PUB. S. /
8/15/16 20:27:02
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