Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB334

Introduced
6/22/23  
Refer
6/22/23  

Caption

Pen registers and trap and trace devices.

Summary

AB334 addresses the use of pen registers and trap and trace devices by law enforcement agencies. These devices allow for the recording of phone numbers dialed from a specific phone line, and the tracking of specific electronic communications, respectively. The bill aims to clarify the legal framework surrounding the deployment of such surveillance technology, ensuring that law enforcement can effectively utilize these tools while adhering to constitutional protections for individual privacy. Proponents of the bill argue that it is necessary for modern law enforcement efforts to combat serious crimes, including drug trafficking and terrorism, which often operate through telecommunications. The impact of AB334 on state laws involves the formal establishment of guidelines and oversight mechanisms for the use of pen registers and trap and trace devices, which have previously existed in a more ambiguous regulatory environment. This bill intends to provide checks on law enforcement’s access to such technologies, requiring them to obtain court orders before deploying these devices. This procedural element is seen as crucial to maintaining a balance between effective law enforcement and the protection of civil liberties. Notable points of contention arose during discussions around the bill, particularly regarding the implications for privacy rights. Civil liberties advocates voiced concerns that broadening the powers of law enforcement could lead to abuse and overreach, further eroding individual privacy. They argue that existing legal standards should be strictly maintained to prevent unchecked surveillance practices. Furthermore, discussions highlighted the importance of transparency in how these technologies are used, emphasizing the need for accountability measures. In summary, AB334 attempts to strike a balance between empowering law enforcement agencies to utilize technological tools for public safety and protecting citizens' privacy rights. As the legislative process continues, it will be essential to monitor how these discussions evolve and the nature of the final provisions included in the bill.

Companion Bills

No companion bills found.

Previously Filed As

WI HB1644

Pen register; bring forward provision that regulates.

WI SB690

An act to amend Sections 631, 632, 632.7, 637.2, and 638.50 Section 637.2 of the Penal Code, relating to crimes.

WI SB6070

Supporting the recovery of missing persons.

WI H5360

Requires search warrant for electronic information, prohibits stingray cell-site simulators.

WI SB2331

Cell site simulator device; require law enforcement agencies to obtain warrant before using.

WI HB237

Fourth Amendment Restoration Act This bill limits surveillance conducted for foreign intelligence purposes. Specifically, the bill repeals provisions authorizing without a court order various types of searches and surveillance for foreign intelligence purposes, including electronic surveillance and access to business records. An officer of the U.S. government must obtain a warrant for certain search and surveillance activities against a U.S. citizen, including (1) conducting electronic surveillance, (2) conducting physical searches of property under a U.S. citizen's exclusive control, or (3) targeting a U.S. citizen to acquire foreign intelligence information. The bill provides for criminal penalties for a person who knowingly violates these requirements or otherwise obtains such information under color of law without statutory authorization. Information about a U.S. citizen acquired under Executive Order 12333 (relating to intelligence gathering) or during surveillance of a non-U.S. citizen shall not be used against the U.S. citizen in any civil, criminal, or administrative proceeding or investigation.

WI SB63

Revise law related to the use of motion-tracking devices while hunting

WI AB445

Registers of deeds, transportation project plats, and providing a penalty. (FE)

WI SB449

Registers of deeds, transportation project plats, and providing a penalty. (FE)

WI HB117

Fourth Amendment Restoration ActThis bill repeals the Foreign Intelligence Surveillance Act of 1978 (which authorizes various types of searches and surveillance for foreign intelligence purposes) and limits surveillance of U.S. citizens.The bill requires that an officer of the U.S. government obtain a warrant for certain search and surveillance activities against a U.S. citizen, including (1) conducting electronic surveillance, (2) conducting physical searches of property under a U.S. citizen's exclusive control, or (3) targeting a U.S. citizen to acquire foreign intelligence information.The bill provides for criminal penalties for a person who intentionally (1) violates these requirements without statutory authorization, or (2) discloses or uses information that the person knows (or has a reason to know) was obtained under color of law by methods that violate these requirements. Information about a U.S. citizen acquired under Executive Order 12333 (relating to intelligence gathering) or during surveillance of a non-U.S. citizen shall not be used against the U.S. citizen in any civil, criminal, or administrative proceeding or investigation.  

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