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April 19, 2019 07:20 pm

Utah Bans Police From Searching Digital Data Without a Warrant

An anonymous reader quotes a report from Forbes: 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.

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