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posted by chromas on Saturday April 20 2019, @09:00AM   Printer-friendly
from the sudden-outbreak-of-common-sense? dept.

Utah Bans Police From Searching Digital Data Without A Warrant, Closes Fourth Amendment Loophole:

In a major win for digital privacy, Utah became the first state in the nation to ban warrantless searches of electronic data. Under the Electronic Information or Data Privacy Act (HB 57), state law enforcement can only access someone's transmitted or stored digital data (including writing, images, and audio) if a court issues a search warrant based on probable cause. Simply put, the act ensures that search engines, email providers, social media, cloud storage, and any other third-party "electronic communications service" or "remote computing service" are fully protected under the Fourth Amendment (and its equivalent in the Utah Constitution).

HB 57 also contains provisions that promote government transparency and accountability. In most cases, once agencies execute a warrant, they must then notify owners within 14 days that their data has been searched. Even more critically, HB 57 will prevent the government from using illegally obtained digital data as evidence in court.

In a concession to law enforcement, the act will let police obtain location-tracking information or subscriber data without a warrant if there's an "imminent risk" of death, serious physical injury, sexual abuse, livestreamed sexual exploitation, kidnapping, or human trafficking.

Backed by the ACLU of Utah and the Libertas Institute, the act went through five different substitute versions before it was finally approved—without a single vote against it—last month. HB 57 is slated to take effect in mid-May.

Third party doctrine, begone?


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  • (Score: 3, Touché) by PinkyGigglebrain on Saturday April 20 2019, @02:40PM (2 children)

    by PinkyGigglebrain (4458) on Saturday April 20 2019, @02:40PM (#832582)

    1. never thought I would say this but :"three cheers for Utah!!"

    2. we all know the Feds can and will ignore a state law so don't relax yet.

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  • (Score: 2, Funny) by RandomFactor on Saturday April 20 2019, @05:09PM (1 child)

    by RandomFactor (3682) Subscriber Badge on Saturday April 20 2019, @05:09PM (#832630) Journal

    2. we all know the Feds can and will ignore a state law so don't relax yet.

    You are saying the state police won't? That's adorable.

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    • (Score: 2) by bzipitidoo on Sunday April 21 2019, @03:19AM

      by bzipitidoo (4388) on Sunday April 21 2019, @03:19AM (#832837) Journal

      It depends. Being conservative, it's likely that Utah is one of those jurisdictions that actually believes their cops should not be too smart. Dumb cops really do not understand why they should respect the rights of citizens, and view such as impediments to their ability to do their jobs. They hate that 4th Amendment right not to be subjected to unreasonable search. They're in it for that feeling of power, that kick, from bullying fearful citizens. As someone put it, they're brownshirt wannabes.

      A few of the state police will undoubtedly test the law, see what they can do. Only after they're busted and are facing reprimands, punitive dockings of pay, and even firing, and their cases keep getting thrown out of court thanks to the rights violations they committed to get the evidence, will they respect this particular law. If they are not busted and their illegally obtained evidence is accepted in court, then they'll laugh up their sleeves as they break the law to pieces in their zeal to get more bad guys.