An Act To Require a Warrant To Obtain the Location Information of a Cell Phone or Other Electronic Device
Sec. 1. 16 MRSA c. 3, sub-c. 10 is enacted to read:
ELECTRONIC DEVICE LOCATION INFORMATION
§ 641. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 642. Warrant needed for acquisition of location information
Except as provided in this subchapter, a government entity may not obtain location information without a valid warrant issued by a duly authorized judge or justice using procedures established pursuant to Title 15, section 55.
A judge or justice may issue a warrant for the location information of an electronic device pursuant to this section for a period of time necessary to achieve the objective of the authorization, but in any case the warrant is not valid for more than 10 days after the issuance. A judge or justice may grant an extension of a warrant upon a finding of continuing probable cause and a finding that the extension is necessary to achieve the objective of the authorization. An extension may not exceed 30 days.
§ 643. Notice
Notice must be given to the owner or user of an electronic device whose location information was obtained by a government entity. The government entity's notification obligation applies only if the government entity is able to identify the owner or user.
§ 644. Exceptions to warrant requirement
When disclosure of location information is not prohibited by federal law, a government entity may obtain the location information without a warrant:
Within a reasonable period of time after seeking disclosure pursuant to this subsection, the government entity seeking the location information shall file with the appropriate court a written statement setting forth the facts giving rise to the emergency and the facts as to why the person whose location information was sought is believed to be important in addressing the emergency.
§ 645. Conditions of use of location information
§ 646. Action against a corporation
This subchapter may not be construed to create a cause of action against a corporation or its officers, employees or agents for providing location information.