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Cell companies would have to share tracking data in emergencies under Va. bill Cell companies would have to share tracking data in emergencies under Va. bill
(about 1 hour later)
RICHMOND — Cellphone service companies would have to give police access to certain data without a warrant to track people in emergencies under a bill that cleared Virginia’s General Assembly on Thursday.RICHMOND — Cellphone service companies would have to give police access to certain data without a warrant to track people in emergencies under a bill that cleared Virginia’s General Assembly on Thursday.
The legislation, sponsored by Del. Timothy D. Hugo (R-Fairfax), passed the Senate on a 35-to-5 vote despite objections from a few Democrats and Republicans centered on privacy rights. It previously passed the House by a unanimous vote. The legislation, sponsored by Del. Timothy D. Hugo (R-Fairfax), passed the Senate on a 35-to-5 vote despite objections from a few Democrats and Republicans concerned about privacy rights. The House previously passed 6the measure in a unanimous vote.
The bill would allow law enforcement officers to obtain real-time location data from cell service providers in cases involving immediate danger to a person, such as kidnappings.The bill would allow law enforcement officers to obtain real-time location data from cell service providers in cases involving immediate danger to a person, such as kidnappings.
Sen. Chap Petersen (D-Fairfax) opposed the bill, saying it “guts” the constitution’s Fourth Amendment protection against unreasonable search and seizures. He said officers should have to obtain a warrant. Sen. J. Chapman “Chap” Petersen (D-Fairfax) opposed the bill, saying it “guts” the Constitution’s Fourth Amendment protection against unreasonable search and seizures. He said officers should have to obtain a warrant.
“There are magistrates available 24/7,” he said.“There are magistrates available 24/7,” he said.
But supporters of the measure said that magistrates are not always available in some parts of the state and that delays in certain situations could cost lives. Sen. Richard H. Black (R-Loudoun), who normally sides with privacy advocates, said the law has always allowed police to search without a warrant under “exigent circumstances.” But supporters of the measure said that magistrates are not always accessible in some parts of the state and that delays in certain situations could cost lives. Sen. Richard H. Black (R-Loudoun), who normally sides with privacy advocates, said the law has always allowed police to search without a warrant under “exigent circumstances.”
“Sometimes you just have to take action,” he said.“Sometimes you just have to take action,” he said.
The bill now moves to Gov. Terry McAuliffe (D). His spokesman, Brian Coy, said the governor will review the legislation.The bill now moves to Gov. Terry McAuliffe (D). His spokesman, Brian Coy, said the governor will review the legislation.