Look for legislation to move this week to force the police to obtain a search warrant before they enter the Internet Cloud to retrieve text messages and cell phone information as part of any investigation.
A Republican senator says he wants to protect your privacy rights.
A treasure throve of personal data is hidden in the Internet Cloud and Republican Senator Peter Lucido is worried that the police are getting into that data without you knowing it and without any checks and balances.
“Police officers searching the cloud without warrants and getting all that information in your cell phone and, more importantly, text messages which actually got one of the House members in a little trouble.”
The senator’s reference there to Rep. Larry Inman, whose text messages were obtained by law enforcement.
However, one law enforcement source reports he has not heard of an abuse problem and, perhaps instead of legislation, just allow the courts to decide this on a case-by-case basis.
The senator does want the courts involved but rather than allow the cops to decide to seek a warrant to enter the cloud, he wants a law on the book to mandate they go to court.
The cloud providers have the power to grant access to the cloud, but Mr. Lucido does not want to rely solely on them to protect your constitutional rights either.
“Tthey have to go through providers to get into that cloud,” adds Mr. Lucido. “They do that without our knowledge, without notice. That’s a violation of my Fourth Amendment due process right as well as any privacy expectations.”
This is the second time Mr. Lucido has gone after law enforcement.
Just recently the governor signed his legislation forcing the cops to return confiscated property from would-be drug dealers who were never convicted of a crime.
And now he takes them on again.
Look for his bill to come out of his committee this week.