HB1593
To Create The Arkansas Fourth Amendment Protection Act; And To Amend The Law Concerning The Collection Of Electronic Data And Metadata.
Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment
Sponsors
AI-Generated Summary
House Bill 1593, titled the 'Arkansas Fourth Amendment Protection Act,' seeks to establish legal restrictions on how state entities interact with federal agencies regarding the collection of electronic data and metadata. The bill defines 'electronic data' as information related to electronic communications, including location data, timestamps, and IP addresses, and defines 'metadata' as descriptive information regarding the history and management of electronic documents. It prohibits state agencies from providing material support, assistance, or resources to federal government agencies for the collection or use of an individual’s electronic data or metadata. Exceptions to this prohibition are provided if the individual has given informed consent, or if the collection is pursuant to a warrant based on probable cause that meets specific description requirements. The bill also allows for collection if it falls under a legally recognized exception to the warrant requirement.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are individual citizens of Arkansas who seek greater privacy protections and restrictions on the ability of federal government agencies to collect their digital information and location data. Additionally, organizations focused on civil liberties and constitutional rights would benefit from the reinforcement of Fourth Amendment protections at the state level.
Who Might Suffer?
The bill would negatively impact state entities and law enforcement agencies that frequently collaborate with federal agencies, as it may limit their ability to share data or provide assistance during joint investigations. It could also create operational friction between state and federal authorities, potentially complicating cross-jurisdictional law enforcement efforts or intelligence gathering.
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