This document includes House Committee Amendments incorporated into the bill on Wed, Feb 24, 2021 at 12:01 PM by lfindlay.
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7 LONG TITLE
8 General Description:
9 This bill addresses access to and use of reverse-location data.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ places restrictions on and establishes procedures for the seeking or granting of
14 access to reverse-location data;
15 ▸ creates exceptions; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 77-23e-101, Utah Code Annotated 1953
24 77-23e-102, Utah Code Annotated 1953
25 77-23e-103, Utah Code Annotated 1953
26 77-23e-104, Utah Code Annotated 1953
27 77-23e-105, Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 77-23e-101 is enacted to read:
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32 77-23e-101. Title.
33 This chapter is known as "Reverse-location Warrant Act."
34 Section 2. Section 77-23e-102 is enacted to read:
35 77-23e-102. Definitions.
36 As used in this chapter:
37 (1) "Anonymized" means identifying information connected to an electronic device has
38 been rendered anonymous in a manner that the subject, including an individual, household,
39 device, or Internet protocol (IP) address, is not identifiable.
40 (2) "Law enforcement agency" means an entity of the state or a political subdivision of
41 the state that exists to primarily prevent, detect, or prosecute crime and enforce criminal
42 statutes or ordinances, and includes an individual or entity acting for or on behalf of a law
43 enforcement agency.
44 (3) "Reverse-location data" means a record or information that:
45 (a) pertains to the location of an electronic device or the named user or owner of the
46 device; and
47 (b) has a scope that extends to an unknown number of electronic devices present in a
48 given geographic area at a given time, regardless of whether the location is measured by global
49 positioning coordinates, cell tower connectivity, wi-fi positioning, or other form of location
50 detection.
51 (4) "Reverse-location warrant" means a search warrant seeking reverse-location data.
52 (5) "Identifying information" means information tied to an electronic device that
53 identifies the user's or owner's:
54 (a) name;
55 (b) address;
56 (c) telephone number;
57 (d) email address;
58 (e) cellular network provider; or
59 (f) any other Ĥ→ [
59a owner or user of ←Ĥ the electronic device.
60 Section 3. Section 77-23e-103 is enacted to read:
61 77-23e-103. Warrant required to obtain reverse-location data from provider of
62 cellular services or application services.
63 (1) A law enforcement agency must secure a reverse-location warrant to obtain
64 reverse-location data from a cellular network provider or other technology company that
65 provides application services for electronic devices.
66 (2) (a) The nature and extent of the reverse-location data that may be obtained under a
67 warrant depends upon the facts and circumstances obtained during the criminal investigation.
68 (b) To obtain a reverse-location warrant for anonymized reverse-location data within a
69 specified geographic area, a law enforcement agency shall, in the sworn warrant application:
70 (i) include a map or other visual depiction that represents the specified geographic area
71 for which the warrant is seeking data; Ĥ→ and ←Ĥ
72 Ĥ→ [
73 estimates will be included within the scope of the warrant; and
74 (iii)
75 specified geographic area and within a specified period of time.
76 (c) After executing a warrant described in Subsection (2)(b), a law enforcement agency
77 may obtain a reverse-location warrant for anonymized reverse-location data outside the
78 geographic area described in the initial warrant if the law enforcement agency Ĥ→ [
79 (i) if feasible, provides the number of individuals that the law enforcement agency
80 estimates will be included within the scope of the warrant; and
81 (ii)
81a crime
82 will be found outside the specified geographic area and within a specified period of time.
83 (d) To obtain a reverse-location warrant for identifying information connected to an
84 electronic device, a law enforcement agency shall, in the sworn warrant application, establish
85 probable cause that the user of the electronic device was involved in a crime.
86 (3) If a court grants a reverse-location warrant for anonymized data under Subsection
87 (2)(b) or (c), the court shall require that all data provided pursuant to the warrant be
88 anonymized before the data is released to the law enforcement agency, so that the law
89 enforcement agency will be unable to identify an individual from the provided data.
90 Section 4. Section 77-23e-104 is enacted to read:
91 77-23e-104. Exceptions.
92 Nothing in this chapter:
93 (1) limits or affects the disclosure of public records under Title 63G, Chapter 2,
94 Government Records Access and Management Act;
95 (2) affects the rights of an employer under Section 34-48-202 or an administrative rule
96 adopted under Section 63F-1-206;
97 (3) limits or affects the disclosure or use of records and information obtained through
98 the National Center for Missing and Exploited Children (NCMEC) under 18 U.S.C. Sec.
99 2258A; or
100 (4) prevents a law enforcement agency from obtaining reverse-location data under a
101 judicially recognized exception to the warrant requirement.
102 Section 5. Section 77-23e-105 is enacted to read:
103 77-23e-105. Remedy for violation.
104 Reverse-location data obtained in violation of the provisions of this chapter is subject to
105 the rules governing exclusion as if the records were obtained in violation of the Fourth
106 Amendment to the United States Constitution and Utah Constitution, Article I, Section 14.