HB 17-1053

HB 17-1053, also known as the "Warrant Or Order For Electronic Communications" bill in Colorado, requires government entities to obtain a valid search warrant or court order before demanding that internet and cloud service providers disclose the contents of emails, messages, or other electronic communications. This rule applies unless there's an immediate risk of death or serious injury, or if certain individuals consent to the release of information. The bill also mandates that customers be notified about such warrants, except in specific cases where a court decides notification could compromise an investigation. Signed into law, this legislation aims to protect user privacy by ensuring proper legal procedures are followed when accessing digital communications.

Official Summary

The bill provides that a governmental entity may only require an electronic communication service or remote computing service provider to disclose the contents of an electronic or wire communication pursuant to a valid search warrant or court order for production of documents. The warrant or order must include a finding of probable cause to search and seize or produce the electronic or wire communication. An exception to the search warrant or order requirement is established if the time required to obtain the warrant or order would result in a risk of death or substantial bodily injury to a person or if certain persons consent to the release of the contents. The bill also excludes from its provisions situations when a peace officer may lawfully obtain the information from an electronic device in the officer's lawful possession or when only location information is sought pursuant to another statute. The bill also requires the governmental entity to give the customer notice of the search warrant and the disclosure unless the court orders that the notice need not be given due to specified circumstances. The bill prohibits any evidence obtained in violation of the bill from being introduced as evidence or used to obtain a search warrant or court order and provides immunity to an electronic communication service or remote computing service for complying with or objecting to a search warrant. (Note: This summary applies to this bill as introduced.)

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