Signed as Law: Utah Bans Warrantless Access to Information in the Cloud
Last week, Utah Gov. Gary Herbert signed a bill into law that requires police to get a warrant before accessing data stored in the “cloud.” The new law will not only increase privacy protections in Utah; it will also hinder the federal surveillance state.
Rep. Craig Hall (R-West Valley City) sponsored House Bill 57 (HB57). The new law prohibits law enforcement agencies from accessing electronic information or data transmitted to a “remote computing service” without a warrant based on probable cause in most situations. In effect, it will prohibit police from warrantlessly accessing information uploaded into the “cloud.”
The House passed HB57 by a 71-0 vote. The Senate approved the measure 23-0. With Herbert’s signature, the new law will go into effect May 14.
HB57 does provide some exceptions to the warrant requirement that will allow law enforcement agencies to obtain location information in the event of an emergency involving an imminent risk to an individual of death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping, or human trafficking; or if a remote computing service inadvertently discovers information that appears to pertain to the commission of a felony, or of a misdemeanor involving physical violence, sexual abuse, or dishonesty. It also allows police to access stored or transmitted data from an electronic device, or electronic information or data transmitted by the owner of the electronic information or data to a remote computing service under a judicially recognized exception to the warrant requirement, or in connection with a report forwarded by the National Center for Missing and Exploited Children under 18 U.S.C. Sec. 2258A.
The new statute specifically excludes information obtained in violation of the law from judicial proceedings.
HB57 expands existing laws already on the books in Utah requiring police to get a warrant before accessing location information, stored data, and transmitted data from an electronic device. The current laws effectively ban the warrantless use of “stingrays.” These devices essentially spoof cell phone towers, tricking any device within range into connecting to the stingray instead of the tower, allowing law enforcement to sweep up communications content, as well as locate and track the person in possession of a specific phone or other electronic device. Current law also requires police to get a warrant before accessing electronic data from third-party providers. Enactment of HB57 will further limit the ability of law enforcement agencies to warrantlessly gather electronic information and data.
https://www.activistpost.com/2019/04/signed-as-law-utah-bans-warrantless-access-to-information-in-the-cloud.html