BILL ANALYSIS Ó
SB 1121
Page 1
Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1121
(Leno) - As Amended August 1, 2016
-----------------------------------------------------------------
|Policy |Privacy and Consumer |Vote:|11 - 0 |
|Committee: |Protection | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| |Public Safety | |7 - 0 |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill revises the California Electronic Communications
Privacy Act (CalECPA) to authorize a government entity to
access, without a warrant, the location or phone number of an
electronic device used to call 911; allows a government entity
to retain voluntarily received electronic communication
information beyond 90 days if the service provider or subscriber
is or discloses information to, a correctional or detention
facility; and excludes driver's licenses and other
SB 1121
Page 2
identification cards from its provisions.
FISCAL EFFECT:
Negligible state fiscal impact.
COMMENTS:
1)Purpose. This bill is intended as a follow-up measure to last
year's SB 178 (Leno), the state's Electronic Communications
Privacy Act (CalECPA), which revises the laws controlling how
government entities may access electronic communications
information and devices. This bill is intended to codify a
variety of changes requested by various stakeholders in the
law enforcement community as they pertain to CalECPA.
According to the author's office, "Through the implementation
process of CalECPA, several technical, clarifying changes have
been identified that will improve compliance with the new law.
This bill addresses those concerns."
2)Related Legislation.
a) AB 1924 (Low), pending on the Senate Floor, provides an
exemption from CalECPA for pen registers and trap and trace
devices to permit authorization for the devices to be used
for 60 days.
b) SB 178 (Leno), Chapter 651, Statutes of 2015, prohibits
a government entity from compelling the production of, or
access to, electronic-communication information or
electronic-device information without a search warrant or
wiretap order, except under specified emergency situations.
SB 1121
Page 3
1)Prior Legislation.
a) SB 467 (Leno) of the 2013-2014 Legislative Session,
would have required a search warrant when a governmental
agency seeks to obtain the contents of a wire or electronic
communication that is stored, held or maintained by a
provider of electronic communication services or remote
computing services. SB 467 was vetoed.
b) SB 1434 (Leno), of the 2011-12 Legislative Session,
would have required a government entity to get a search
warrant in order to obtain the location information of an
electronic device. SB 1434 was vetoed.
c) SB 914 (Leno), of the 2011-2012 Legislative Session,
would have restricted the authority of law enforcement to
search portable electronic devices without obtaining a
search warrant. SB 914 was vetoed.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081