Maine Passes "Historic" Legislation to Require Warrant for Cellphone Tracking

Future Tense
The Citizen's Guide to the Future
May 31 2013 3:42 PM

Maine Passes "Historic" Legislation to Require Warrant for Cellphone Tracking

149001757
Maine: now known for lobster and civil liberties.

Photo by Justin Sullivan/Getty Images

Lawmakers in Maine are putting themselves at the forefront of efforts to curb excessive surveillance by instituting new privacy safeguards.

Ryan Gallagher Ryan Gallagher

Ryan Gallagher is a journalist who reports on surveillance, security, and civil liberties.

On Wednesday, the state House voted 113-28 in favor of legislation that would in all but exceptional cases prohibit law enforcement agencies from tracking cellphones without a warrant. If enacted, LD 415 would make Maine the first state in the country to require authorities to obtain a search warrant before tracking cellphones or other GPS-enabled devices. The law would also require that law enforcement agencies notify a person that she was tracked within three days, unless they can prove that secrecy is necessary, in which case a delay can be granted for up to 180 days. LD 415 would additionally require the publication of an annual report online detailing the number of times location data were sought by law enforcement agencies.

Advertisement

According to Maine’s Bangor Daily News, law enforcement officials in the state opposed the bill on the grounds that requiring a warrant for location data could impede investigations. However, proponents of LD 415 successfully argued that it was necessary to introduce the law to update the outdated Electronic Communications Privacy Act, a federal law passed in 1986.

Back in March, a similar bill was proposed in Texas—but it did not make progress through the state House and never made it to the floor for a vote. Texas lawmakers instead focused their efforts on passing separate privacy legislation, described as “unprecedented,” that would shut down a controversial legal loophole allowing the authorities to obtain copies of emails without a warrant if they are more than 180 days old.

But cellphone tracking has remained an issue high on the agenda in other states—as the significant development in Maine illustrates. Civil liberties groups across the country have been vocal in their demands for a cellphone tracking warrant requirement since a congressional inquiry in 2011 revealed that tracking was rampant and that the legal checks that regulate it were applied inconsistently. The issue has also been kept in the spotlight by a series of revelations about the FBI’s use of a clandestine cellphone tracking tool called the Stingray, and was the subject of a House Judiciary Committee hearing last month.

For the Maine legislation, there’s just one more challenge ahead. While the Senate has already voted in support of the bill, 20-15, local news reports have speculated that unless the legislature can find funding for LD 415’s fiscal note of almost $234,000 during the next two years, final enactment could fall through. Either way, the ACLU chapter in Maine is already describing the bill as “historic,” celebrating Wednesday’s vote by announcing in a blog post that it “brings us one step closer to putting necessary privacy protections in place while allowing the police to protect our communities.”

Future Tense is a partnership of SlateNew America, and Arizona State University.

TODAY IN SLATE

Technocracy

Forget Oculus Rift

This $25 cardboard box turns your phone into an incredibly fun virtual reality experience.

The Congressional Republican Digging Through Scientists’ Grant Proposals

Renée Zellweger’s New Face Is Too Real

Sleater-Kinney Was Once America’s Best Rock Band

Can it be again?

Whole Foods Is Desperate for Customers to Feel Warm and Fuzzy Again

The XX Factor

I’m 25. I Have $250.03.

My doctors want me to freeze my eggs.

The XX Factor
Oct. 20 2014 6:17 PM I’m 25. I Have $250.03. My doctors want me to freeze my eggs.
Politics

Smash and Grab

Will competitive Senate contests in Kansas and South Dakota lead to more late-breaking races in future elections?

George Tiller’s Murderer Threatens Another Abortion Provider, Claims Free Speech

These Companies in Japan Are More Than 1,000 Years Old

  News & Politics
The World
Oct. 21 2014 3:13 PM Why Countries Make Human Rights Pledges They Have No Intention of Honoring
  Business
Moneybox
Oct. 21 2014 1:12 PM The Global Millionaires Club Is Booming and Losing Its Exclusivity
  Life
The Vault
Oct. 21 2014 2:23 PM A Data-Packed Map of American Immigration in 1903
  Double X
The XX Factor
Oct. 21 2014 3:03 PM Renée Zellweger’s New Face Is Too Real
  Slate Plus
Behind the Scenes
Oct. 21 2014 1:02 PM Where Are Slate Plus Members From? This Weird Cartogram Explains. A weird-looking cartogram of Slate Plus memberships by state.
  Arts
Brow Beat
Oct. 21 2014 1:47 PM The Best Way to Fry an Egg
  Technology
Future Tense
Oct. 21 2014 4:14 PM Planet Money Uncovers One Surprising Reason the Internet Is Sexist
  Health & Science
Climate Desk
Oct. 21 2014 11:53 AM Taking Research for Granted Texas Republican Lamar Smith continues his crusade against independence in science.
  Sports
Sports Nut
Oct. 20 2014 5:09 PM Keepaway, on Three. Ready—Break! On his record-breaking touchdown pass, Peyton Manning couldn’t even leave the celebration to chance.