Following on from February’s ruling by Massachusetts’ Supreme Judicial Court that law enforcement needs a warrant to obtain cellphone location information, New Hampshire is now strengthening its laws relating to cellphone searches.
A short and simple bill introduced by Reps. Kurk, Sandblade and O’Flaherty, all of Hillsborough County, NH, provides that a warrant, “signed by a judge and based on probable cause,” is required for “information contained in a portable electronic device”. It’s not clear to me whether that would include cellphone location information or not, because that could be interpreted to not be “contained in” the phone. The House version includes misdemeanor penalties for a “government entity” which violates the act, as well as civil liability. The Senate version keeps civil liability, allowing a person to sue for damages, while removing the criminal penalties. This difference is what will be worked out in a joint committee in the coming week, before it heads to the Governor’s desk.
This is great news for the Fourth Amendment, and it’s good evidence that we can get meaningfully greater protections for our personal data by working through state legislatures.
UPDATE: A warrant is required only for phones that are password-protected. If you live in NH, or are visiting for the weekend, add that password!
In the states and the cities of New England, unparalleled, cross-partisan, cross-racial coalitions are forming, bringing together libertarians, Tea Party people, technologists, peace and environmental activists, Occupy folks, veterans’ groups, people of color, religious groups and progressive Democrats. The nation may never have seen people of such disparate views united under one banner.
Three examples from just this last month:
Continue reading New England mobilizes against the surveillance state: Updates from ME, NH and RI
The city of Cambridge, MA is considering whether to switch on its network of surveillance cameras. Councillor Craig Kelley, who chairs the Public Safety Subcommittee [UPDATE: and whom, I should make clear, is skeptical about the merits of surveillance camera systems, scheduled seven public hearings on the newly proposed Security Camera Policy, but like most subcommittee hearings, they were relatively poorly attended]. The City Council voted unanimously on July 2 to ask the Mayor and the City Manager to arrange a better-publicized meeting to discuss the Policy.
That Her Honor the Mayor and the City Manager be and hereby is requested to arrange a community meeting with other stakeholders to discuss the proposed Security Camera Policy submitted by the Police Department for implementation.
The minutes of the July meeting are here.
This is the history.
Continue reading Cambridge debates switching on its surveillance cameras after Marathon attacks