Forbes: Utah Bans Police From Searching Digital Data Without A Warrant, Closes Fourth Amendment Loophole

Forbes: Utah Bans Police From Searching Digital Data Without A Warrant, Closes Fourth Amendment Loophole by Nick Sibilla:

In a major win for digital privacy, Utah became the first state in the nation to ban warrantless searches of electronic data. Under the Electronic Information or Data Privacy Act (HB 57), state law enforcement can only access someone’s transmitted or stored digital data (including writing, images, and audio) if a court issues a search warrant based on probable cause. Simply put, the act ensures that search engines, email providers, social media, cloud storage, and any other third-party “electronic communications service” or “remote computing service” are fully protected under the Fourth Amendment (and its equivalent in the Utah Constitution).

HB 57 also contains provisions that promote government transparency and accountability. In most cases, once agencies execute a warrant, they must then notify owners within 14 days that their data has been searched. Even more critically, HB 57 will prevent the government from using illegally obtained digital data as evidence in court.

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