Monday, February 03, 2014
Ind. Law - More on "How much snooping is too much?" [Updated]
Updating this post from this morning, two more items:
- Jim Shella of WISH TV has a post headed "Indiana House passes bill to restrict drones" that does not identify the bill or the author, but begins:
State lawmakers took action Monday to limit the ability of the police to conduct video surveillance using a drone.Rep. Speedy has issued this press release:
The one-sided vote in the House of Representatives was 85-to-11 for a bill that would require a search warrant for the use of a drone-mounted camera over private property.
STATEHOUSE — A bill authored by State Representative Mike Speedy (R-Indianapolis) concerning unreasonable searches and seizures by law enforcement passed the Indiana House of Representatives Thursday by a vote of 87-3.
House Bill 1384 prohibits a police officer from downloading information from a telecommunications device such as a cell phone without the owner’s consent, unless otherwise authorized by a search warrant or similar measure.
Police officers are currently prohibited from outright confiscating telecommunications devices, but there is no such provision stopping police officers from forcing citizens to turn over information on the phone without consent. Rep. Speedy has worked to make sure the liberties of Hoosiers are progressing as fast as these emerging technologies.
“Protecting the privacy of personal property should be near the top of every legislator’s list of priorities, for the price of liberty is eternal vigilance,” said Rep. Speedy. “House Bill 1384 just further enforces that Indiana has a strong interest in safeguarding its citizens against unwarranted searches and seizures.”
The Indiana House voted 85-11 Monday to curtail the use of electronic surveillance or data-collecting by police unless under a search warrant or during an emergency such as a terrorist attack.
“This bill concerns balancing privacy and security in the digital age,” said Rep. Eric Koch, R-Bedford.
He said the founders couldn’t have dreamed of circumstances where an unmanned drone could replace a police stakeout or data from cell phones could be used to build a criminal case against someone.
Privacy concerns have grown nationally since the National Security Agency’s controversial warrantless program collecting cell phone data became known.
And the Indianapolis Star reported that the Indiana State Police bought a “Stingray” – a device that can track movements of nearby cell phone users and record numbers from calls or text messages.
Sometimes law enforcement gets an overall court order to collect the data and then mine for patterns that might show a crime.
But Koch’s bill requires obtaining a specific search warrant showing belief that a crime has occurred.
House Bill 1009 also would further study the issue in an interim committee.
“This bill is really the beginning,” he said. “As technology continues to evolve faster than the law new issues will emerge.”
Rep. Matt Pierce, D-Bloomington, said it is interesting when legislation brings people from different political spectrums together.
“Here the Tea Party world meets up and shakes hands with the ACLU,” he said.
Pierce said the bill attempts to limit this type of data-mining so that it adheres more closely to the Constitution’s protections.
Posted by Marcia Oddi on February 3, 2014 01:23 PM
Posted to Indiana Law