7/24/2019 2016 MCCRC testimony for HB257, warrants for historical data

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February 16, 2016 Testimony to the Maryland House Judiciary Committee

in SUPPORT of HB257, "Criminal Procedure - Providing Elecronic

!evice ocaion #nformaion - Hi$orical !aa

Thomas Nephew, Member, Montomery County Ci!il "ihts Coalition#address withheld$

%pea&in 'or the acti!ist roup (Montomery County Ci!il "ihts Coalition(and 'or mysel', ) stronly support H*2+-

This bill addresses a ma.or loophole in reulatin electronic de!icesur!eillance by ac&nowledin / in admirably succinct 'ashion thathistorical location data are .ust as much a part o' a persons pri!acy underthe Fourth mendment as realtime data are-

3e ha!e no doubt that historical data can be !ery use'ul to law en'orcement /

indeed, that is precisely our point as well4 such data can be hihly re!ealin about

the acti!ities o' a sur!eilled person- The 5uestion this bill answers is4 to whatpurpose The answer, under this bill, would be i' a court 7nds thatthere is

probable cause to believe that a misdemeanor or felony has been, is being, or will

be committed8by the sub.ect, and that the location in'ormation will pro!ide

e!idence about that or lead to the arrest o' the person in!ol!ed-

That is as it should be- Currently, historical location data can be collectedwithout warrant in Maryland, potentially allowin law en'orcement aenciesor bad actors within them to systematically e!aluate the mo!ements o'sur!eilled persons 'or reasons that ha!e nothin to do with criminal lawen'orcement4 who were they seein at niht 3hat demonstrations did theyappear to attend 3ere they in an abortion clinic 9o they appear to ha!eattended an lcoholics nonymous meetin

)n one 'amous e:ample o' the power o' this &ind o' data, ;erman ;reen 9ie ?eit8 to mapthem- The result, !iewable as a dot mo!in on a detailed map o' ;ermany,was all but a daily, e!en hourly diary o' his acti!ities-i

@!en when there is cause to sur!eille a person, it is important to limit thescope o' a warrant in a way supported by that cause, and not simply allowaencies to enae in >7shin e:peditions8 o' the historical record-

This bill would pre!ent misuse o' historical location data and would therebyprotect the Fourth mendment rihts o' all o' us- 3e ure that thiscommittee pass it 'a!orably-

7/24/2019 2016 MCCRC testimony for HB257, warrants for historical data

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