|Nicola since 1972 via flickr|
LD 415 Passes Despite, Opposition, Recommendation and VetoThe law does four key things:
- It requires police to get warrants before collecting cell phone location data.
- Limits the durration of the collection to 10 days, with a possible 30 day extension.
- Mandates notification to the people tracked so they will know their data was collected.
- Allows for warrantless data collection in emergency cases.
The law is entitled: "An Act To Require a Warrant To Obtain the Location Information of a Cell Phone or Other Electronic Device." The core language is at Title 16 MRSA § 642:
§ 642. Warrant needed for acquisition of location information:
Except as provided in this subchapter, a government entity may not obtain location information without a valid warrant issued by a duly authorized judge or justice using procedures established pursuant to Title 15, section 55.
A judge or justice may issue a warrant for the location information of an electronic device pursuant to this section for a period of time necessary to achieve the objective of the authorization, but in any case the warrant is not valid for more than 10 days after the issuance. A judge or justice may grant an extension of a warrant upon a finding of continuing probable cause and a finding that the extension is necessary to achieve the objective of the authorization. An extension may not exceed 30 days.The law goes into effect 10/9/13. You can read the read the full text of the law here, and my earlier post detailing the changes here.