The proposed changes would empower the Attorney General and district attorneys to apply for court orders for the installation of such devices in any county across the state, rather than being restricted to the county where the device is located. This centralizes the authority for such applications and could facilitate broader surveillance operations in connection with criminal investigations. The amendment also establishes that an individual engaging in a contract related to electronic communications services that includes service in Wisconsin is deemed to be conducting business within the state for these purposes.
Summary
Senate Bill 331 seeks to revise and expand the definitions and applications of 'pen registers' and 'trap and trace devices' within Wisconsin law. Originally, a 'pen register' was specifically limited to devices that record numbers dialed on a telephone line, while 'trap and trace devices' identified the source of incoming communications. This bill broadens these definitions to include any methods that record or decode dialing, routing, addressing, and signaling information, which could encompass a wider array of surveillance technologies and practices.
Contention
While proponents argue that the expansion of these definitions enhances law enforcement's ability to conduct thorough investigations in an increasingly digital world, there are concerns regarding privacy and civil liberties. Critics of the bill may view it as a potential overreach that could lead to more invasive forms of electronic surveillance without sufficient checks on the government's power. This opposition raises questions about the balance between effective law enforcement and the rights of individuals to maintain privacy in their electronic communications.
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.
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.
In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.
In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.