California Senator Mark Leno recently introduced Senate Bill 467, a bill that would declare the intent of the Legislature to enact legislation prohibiting a government entity from obtaining the contents of a wire or electronic communication from a provider of electronic communication service or remote computing service. California Penal Code § 1524 authorizes a court or magistrate to issue a warrant for the search of a place and the seizure of property or things identified in the warrant where there is probable cause to believe that specified grounds exist, and also provides for a warrant procedure for the acquisition of stored communications in the possession of a provider of electronic communication service or remote computing service. Specifically, a search warrant may be issued pursuant to Subsection (a)(7) “[w]hen a provider of electronic communication service or remote computing service has records or evidence, as specified in Section 1524.3, showing that property was stolen or embezzled constituting a misdemeanor, or that property or things are in the possession of any person with the intent to use them as a means of committing a misdemeanor public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing their discovery.” If a search warrant is granted, Section 1524.3 requires the disclosure of the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of the services, and the types of services the subscriber or customer utilized. Under existing law, a governmental entity receiving subscriber records or information under this Section 1524.3 is not required to provide notice to a subscriber or customer. S.B. 467 has been referred to the Committee on Rules for assignment.
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