Mont. Bill Banning Government from Buying Data Will Burden Investigations, Says Law Enforcement
A Montana bill aimed at prohibiting state and local government from purchasing individuals’ private electronic communications and data without a search warrant will make criminal investigations more difficult and burden the government’s ability to carry out its functions, said law enforcement officers and other government officials during a hearing of the state's Senate Judiciary Committee Tuesday.
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“This is going to make any kind of law enforcement investigation really difficult,” said Brian Thompson, testifying for the Montana Sheriffs and Peace Officers Association and the Montana County Attorneys Association. “If a crime victim tries to show even an email or something else to the police ... the police not only are going to be prohibited from obtaining that information, be it emails or text messages, but … any evidence obtained in violation of [the bill] is not admissible in a civil, criminal or administrative proceeding and may not be used in affidavit of probable cause to an effort to obtain a search warrant.”
The proposed legislation, SB-282, revises search and seizure laws related to local and state government’s ability to obtain and use electronic communications of residents without a warrant, adding a section prohibiting governmental entities from purchasing data. “When you look at the issue, this is private information,” said Sen. Daniel Emrich (R), a bill sponsor. Authorities “are circumventing [the need for a search warrant] through purchasing, and that is ... a very egregious violation of the search and seizure laws and people's constitutional rights.”
Though one person testified in support of the bill, several others, mostly law enforcement, spoke in opposition to it. “Law enforcement also purchases data from all sorts of groups across the country,” said Dan Smith, executive director for the Montana Police Protective Association. “We do this not only for investigating people, we do this to help our victims.” Smith said that the bill is “not restricting private companies from” purchasing data, "it's just restricting law enforcement.”
Alex Sterhan, director-external affairs for Montana Attorney General Austin Knudson (R), agreed. “A lot of this information that's out there is already in the public domain, and for DOJ to have to" obtain a search warrant for that public data "to continue an investigation is just adding a whole other level of bureaucracy here.”
Other government officials opposed the bill because they said it would make their jobs harder. For example, Melanie Hall, commissioner of the Montana Division of Banking, said, “Although I support the ... overarching goals of personal information privacy and self-determination and controlling personal data, this bill is exceptionally broad and will prevent my office from doing its important work in ensuring the safety and stability of our financial institution.”