The bill is co-sponsored by both the Electronic Frontier Foundation and the ACLU of California and seeks to require that police obtain a warrant before getting access to location data from telcos. Without this bill, consumer privacy is protected by laws such as the Electronic Communications Privacy Act of 1986 – which clearly pre-date current use of mobile phones. Telecoms providers need to track the location of subscribers so that messages can be routed via the nearest transmission mast. However, under current practice, this location information is handed to law enforcement on demand (albeit usually for a fee).
Since ‘location’ can divulge a surprising amount of personal information (shopping habits, health issues, political affiliations, etcetera), privacy activists believe it should be better protected. SB 1434 will require that police have a judicially sanctioned warrant before they can demand that information, and that any single warrant can last only for 30 days.
SB 1434 is not, however, without its critics. The CTIA, a wireless trade association, wrote to Senator Leno in April opposing the bill. Its letter concludes, “In closing, the wireless industry opposes SB 1434 as it could create greater confusion for wireless providers when responding to legitimate law enforcement requests and places onerous and unnecessary reporting mandates on wireless providers and their employees.”
This in itself is not strictly accurate since AT&T, one of CTIA’s largest members, is also part of the Digital Due Process coalition which argues for data disclosure only with a search warrant.
Nor is it certain that Governor Brown will accept the bill. “The last EFF supported California privacy bill -- SB 914, which would have required police to obtain a search warrant before searching the contents of an arrested person's cell phone” notes the Electronic Frontier Foundation, “was vetoed by Governor Brown in 2011.”
Nevertheless, both the EFF and the ACLU are pleased with the current status of the bill. “Requiring California law enforcement to obtain a search warrant for location data strikes a sensible balance between keeping the public safe and preserving our privacy,” says the EFF. “While legislators in Washington sit idly waiting for November's election,” comments the ACLU, “California has an opportunity to once again take the lead in defending our individual rights. We applaud the California legislature for passing SB 1434, and we urge Governor Brown to sign it and bring California's privacy law up to speed with our modern, mobile world.”