HB-4430, As Passed House, January 17, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4430

 

 

 

 

 

 

 

 

 

 

 

     A bill to prohibit this state and certain other governmental

 

agents, employees, and entities in this state from assisting a

 

federal agency in obtaining certain forms of data without a

 

warrant; and to prohibit certain uses of certain data collected

 

without a warrant.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"Fourth Amendment rights protection act".

 

     Sec. 2. As used in this act:

 

     (a) "Electronic data" means information related to an

 

electronic communication or the use of an electronic communication

 

service, including, but not limited to, the contents, sender,

 

recipients, or format of an electronic communication; the precise

 

or approximate location of the sender or recipients of an

electronic communication at any time during the communication; the

 

time or date the communication was created, sent, or received; and

 

the identity of an individual or device involved in the

 

communication, including, but not limited to, an internet protocol

 

address. The term does not include subscriber information.

 

     (b) "Metadata" means information generally not visible when an

 

electronic document is printed describing the history, tracking, or

 

management of the electronic document, including information about

 

data in the electronic document that describes how, when, and by

 

whom the data were collected, created, accessed, or modified and

 

how the data are formatted. The term does not include any of the

 

following:

 

     (i) A spreadsheet formula.

 

     (ii) A database field.

 

     (iii) An externally or internally linked file.

 

     (iv) A reference to an external file or hyperlink.

 

     Sec. 3. This state or a political subdivision of this state

 

shall not assist, participate with, or provide material support or

 

resources to a federal agency to enable it to collect or to

 

facilitate in the collection or use of a person's electronic data

 

or metadata, unless 1 or more of the following circumstances apply:

 

     (a) The person has given informed consent.

 

     (b) The action is pursuant to a warrant that is based upon

 

probable cause and particularly describes the person, place, or

 

thing to be searched or seized.

 

     (c) The action is in accordance with a legally recognized

 

exception to warrant requirements.

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.