SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Reining in some police surveillance powers

Wednesday, Feb 19, 2014

* Some hardcore police powers types probably won’t like this, but it seems to make some sense. From a press release…

State Senator Daniel Biss (D-Evanston) presented legislation today that would limit the circumstances under which law enforcement may use electronic location surveillance, including GPS tracking information from cell phones, in criminal investigations.

“From your phone to the GPS system built into your car, the devices you use every day can reveal a surprising amount of detailed information most of us believe should stay private,” Biss said. “The legislation I’ve introduced balances legitimate public safety needs with the basic, constitutional right not to be subjected to unreasonable searches.”

Senate Bill 2808 would allow law enforcement to obtain a tracking order — similar to a search warrant — if they can show a judge they have probable cause to believe obtaining current or future location information from an individual’s electronic device is needed to solve a crime or prevent a crime from taking place. In the absence of a tracking order, information collected through electronic surveillance would be inadmissible in court. The legislation contains exceptions for emergencies such as responding to a 911 call or locating a missing person believed to be in danger. It also clarifies that police and prosecutors may still make use of information already available to the public, such as locations posted on social media.

In 2012, cell phone carriers reported to Congress that they had responded to 1.3 million requests from law enforcement agencies for customer information during the previous year.

“The technology is new, but the principle is not: a free society needs to put strict limits on the government’s collection of information about citizens’ private lives,” Biss said.

The bill passed a committee today and was sent to the Senate floor.

- Posted by Rich Miller        


13 Comments
  1. - Walker - Wednesday, Feb 19, 14 @ 12:18 pm:

    Good. Should get bi-partisan support.

    Time to ignore the “soft on crime” paranoia of typical campaign staff.


  2. - Mokenavince - Wednesday, Feb 19, 14 @ 12:20 pm:

    Bravo ! To bad we can’t repeal the Patriot Act!


  3. - So Il M - Wednesday, Feb 19, 14 @ 12:38 pm:

    I agree with Walker, it should have support from both sides.


  4. - Judgment Day - Wednesday, Feb 19, 14 @ 12:48 pm:

    To Senator Bliss - Looks Good On You!! Thank you.

    Every so often it’s nice to see smart legislation regarding uses of technology. If you don’t put some restrictions on the use of these ‘tracking orders’, they will likely become commonplace - no matter what you are investigating (say, shoplifting), you will want a tracking order to establish the suspect’s location. It could become a tsunami of requests.

    And then you get the inevitable counter measures, which is not just to turn the phone/tablet off (the GPS remains active), but to actually remove the battery. Or, just as likely, you are going to see folks working to create apps to ’spoof’ the GPS sender technology, giving you the option to on demand ’spoof’ your location. Or other approaches.

    Wait for it….


  5. - 47th Ward - Wednesday, Feb 19, 14 @ 1:14 pm:

    Technology and complacency have nearly eroded the 4th Amendment. We don’t even know how we’re being searched, and often no longer care that these searches are illegal.


  6. - Formerly Known As... - Wednesday, Feb 19, 14 @ 1:16 pm:

    Good work by Biss.

    More bills like this, please.


  7. - Liandro - Wednesday, Feb 19, 14 @ 1:38 pm:

    What 47th Ward said, except that I for one still very much care! I hope Walker is right, and this gets bipartisan support.


  8. - Anonymous - Wednesday, Feb 19, 14 @ 2:05 pm:

    * Some hardcore police powers types probably won’t like this, but it seems to make some sense.”

    There was no opposition to the bill. In fact the Cook County States Attorneys Office killed it last year and supported it this year.


  9. - Boog - Wednesday, Feb 19, 14 @ 2:53 pm:

    -a free society needs to put strict limits on the government’s collection of information about citizens’ private lives-

    Absolutely…to bad he doesn’t feel the same about guns and gun owners…


  10. - Skirmisher - Wednesday, Feb 19, 14 @ 6:37 pm:

    I am not prone to praise Illinois Democrats (Republicans either) but I applaud Senator Bliss. It is the nature of government and the police to limit the boundaries of freedom as much as they possibly can because it makes their jobs easier. it is refreshing these days to see a legislator, especially a Democrat legislator, come out strongly for the protection of Constitutional limits on the government’s powers.


  11. - Just Me - Wednesday, Feb 19, 14 @ 7:59 pm:

    It looks perfectly reasonable, which means the General Assembly will have to amend it several times.


  12. - x ace - Wednesday, Feb 19, 14 @ 9:51 pm:

    Believe it is not only reasonable but is in accord with and appears to be required by recent federal court decisions. Pass it.


  13. - Anonymous - Thursday, Feb 20, 14 @ 8:11 am:

    lets let the state troopers interpet the law for us again ,problem solved.


Sorry, comments for this post are now closed.


* Golden Horseshoe Awards
* Bears open thread
* More adventures in misgovernance
* Question of the day - Golden Horseshoe Awards
* Petulance all around
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Could this metal frame be a Samsung Galaxy S6 component?
        * Samsung Galaxy S6 rumored to have curved display on both sides
        * Verizon to launch Lumia Denim on Lumia 822, Lumia 928 and Lumia Icon
        * Instagram's spam purge reveals high-profile accounts with fake followers
        * Gresso Regal Black Edition made from titanium packs 5.0-inch screen
        * Exiles dares you to make your escape from an “alien” world
        * Ask the iTunes Guy: Missing ringtones and explicit radio

        * FBI Says North Korea Responsible for Sony Hack
        * T-Mobile Settles Government “Cramming” Charges for $90 Million
        * Deal Of The Day: 10% Off On PowerCube Original USB
        * Sony Pictures Hackers Demand “The Interview” Never Be Released
        * Elon Musk: Tesla battery swap now working in beta in California
        * Stripe meets IFTTT: Payments now act as app triggers
        * Sophisticated cyberattack damaged German steel plant, report says

        * Terrerobytes: Future of Cuban baseball complicated on both sides
        * White Sox sign George Kottaras to a minor league deal
        * Kottaras to join White Sox with Minor League deal
        * Loss of Draft picks viewed as good trade for White Sox
        * Windy City revival: Cubs, White Sox revamped for '15
        * ZiPS projections underscore White Sox's riskiest bets
        * AL Central looking like one powerhouse division

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Ray LaHood Wants Jeb Bush to Run and Bruce Raun.....
        * The Week in Review's Year in Review: 12/19..
        * Quinn wants special election in 2016 on Topinka.....
        * Quinn wants 2016 special election for comptroller..


        * Ex-Chicago gang member released after testimony
        * Man gets 32 years for sexually attacking girl
        * Report analyzes Nov. 4 election in Cook County
        * Chicago man charged in downtown bank robbery
        * China pledges to speed entry of US pharmaceuticals
        * Report: Illinois fails to monitor runaway kids
        * Gov. Quinn calls session for comptroller election
        * Chickenpox forces southern Illinois prison lockdown
        * Instructor at Illinois school for visually impaired arrested
        * Chicago announces plans to build 88-story skyscraper

        * Quinn calls legislature back to Springfield to approve special election to replace Topinka
        * Audit: DCFS loses track of runaways
        * Audit: Illinois fails to monitor runaway kids
        * Chicago couple convicted of stealing state grants
        * Topinka remembered as tough, honest leader at memorial service
        * Illinois employers reminded of income-tax rollback
        * Memorial service for Topinka begins in suburban Chicago
        * Police use vacant Jacksonville site to train for worst-case scenarios
        * State-grant fraud case in hands of federal jury
        * Gov.-elect Rauner says some agency directors may stay

        * University of Illinois, Chicago Shriners Hospital link up
        * Midterms in Cook: Voters were younger, earlier
        * Great moments in Chicago architecture 2014
        * Restaurant menus shed some weight
        * Great (and not so great) moments in Chicago architecture 2014


        * time for new course in Cuba
        * Rewriting the Sony cyberattack script
        * Are Rahm's numbers creeping up? New internals show him near 50
        * Obama guidance, press schedule, Dec. 19, 2014. Press conference
        * A whole lot of nothing from the City Council
        * Dozens gather at Logan Square eatery for ‘Serial’ podcast finale
        * Sony’s choice on ‘The Interview’ is one lost battle in a long war
        * Playing for dollars, smiles at O’Hare
        * Sony’s choice on ‘The Interview’ is one lost battle in a long war
        * Emanuel denies Willie Wilson petition challenge is racist ploy


        * New app reunites Navy Pier revelers with lost items
        * Police: Man takes bite out of guard's ear outside Loop strip club
        * 5 dead, dozens sickened by listeria linked to caramel apples
        * Tribune study: Chicago red light cameras provide few safety benefits
        * Scene of the crime: Sister watches over slain brother in the dying light
        * Child with fever admitted to Chicago hospital to check for Ebola
        * Chicago restaurants that repeatedly failed health inspections in 2014
        * Broadway bike lane among 'Top 10' in the country
        * 5 people hurt in separate shootings
        * Metra train fatally hits pedestrian in Oak Forest


        * Matthew Schultz’s Music Career – From Dark To Light
        * Rents may be going up, but residents not going anywhere
        * Rents may be going up, but residents say they're not going anywhere
        * IIAA Teaches Life Skills Through Sports
        * Jordan on the Frontline: An International Town Hall
        * Report: Illinois Fails To Monitor Runaways
        * Parties' Power Grabs In Battle For Comptroller; Quinn Calls Legislators Into Special Session
        * Let's Talk Kids - "Your Phone-a-Friend List"
        * Vatican signals new tone on US nuns
        * StoryCorps: Bilingual pre-school teacher describes the state of education in Chicago


        * E.J. Dionne: Chuck Schumer: Take two
        * Esther Cepeda: The rainbow that isn’t
        * Raoul, Righter, Nekritz, Sandack: Clarifying privacy, eavesdropping bill
        * Quote of the day: Friday, Dec. 19, 2014
        * Quinn calls legislature back to Springfield to approve special election to replace Topinka
        * Audit: DCFS loses track of runaways
        * Audit: Illinois fails to monitor runaway kids
        * Bernard Schoenburg: Schmidt considers challenging Sgro for park board president
        * Brian Sauder: Faithful decisions for the holidays
        * Eugene Robinson: The price of being hacked


        * St. Charles students expelled after computer hack
        * Stephen Colbert retires his 'Report' and the host he played
        * 8 children killed, mother stabbed, in Australia
        * Theater shooter's parents plead for his life
        * East St. Louis youths learn respect for law enforcement
        * A change in weather ahead for Christmas Week
        * Illinois jobless rate falls to 6.4 percent
        * Illini scrapbook: Harry Combes and the slush fund
        * Daily Digest 12/19/14
        * Let's talk bowl games


        * Opinion: Notre Dame police subject to records law
        * Orlando hosts NYC March 8 in opener for MLS expansion teams
        * Parity abounds among women's hoops elite
        * National Football League
        * National Hockey League

        * 14th Congressional District: Randy Hultgre...
        * Randy Hultgren tops Dennis Anderson for 2n...
        * Randy Hultgren Defeats Dennis Anderson In ...
        * Randy Hultgren, Candidate for U.S. Congres...
        * Congressman Defends Munis to GFOA - Bond B...
        * How did your congressman vote on keeping t...
        * House approves $1.1 trillion government sp...
        * Himes' provision roils fellow Democrats, t...
        * Congressional Candidate Dennis Anderson Ur...
        * Searching for local health care solutions ...

        * Durbin backs federal budget despite 'odiou......
        * Durbin on Cuba Relations...

        * GOP senator wants 'The Interview' shown at......
        * Sen. Kirk suggests raising campaign money ......

        * A Very Angry Bears Fan Christmas
        * City of Chicago releases youth violence report. Recommends more spending.
        * Durbin to GOP: Get Cruz under control
        * Government labor unions file lawsuit to stop Chicago pension overhaul
        * Illinois Watchdog Radio - Live on IR
        * Republican analysis calls for Rauner to pick new state comptroller for 4 year term
        * Crain’s Business slow pitches a snowball in hell.
        * An Illinois constitutional crisis. Who will keep an eye on our cemeteries?
        * DNA Info: Residents Rip CPS' Rejection of Private School's Offer To Buy Vacant School
        * The Joke Is On The #Bears


        * Governor Quinn Calls Legislative Special Session - Governor Urges Legislature to Set Up 2016 Special Election for Comptroller
        * Governor Quinn Announces Illinois’ Unemployment Rate Hits New Low - Illinois’ Economic Comeback Continues; Unemployment Rate Falls to Lowest Level in More than Six Years
        * Illinois Ranks #1 in Volunteer Rate Among the Country’s 8 Largest States - 2.57 Million Illinoisans Give $7.2 Billion in Service
        * Law Enforcement, IDOT Make Final Push to Save Lives in 2014, Roadside Safety Checks Planned Over Holidays - New Episode of “The Driving Dead” Premieres Friday as Holiday Travelers are Reminded to Drive Sober and Buckle Up
        * Department of Insurance Announces Two Convictions Resulting from its Workers’ Compensation Fraud Investigations - Former Crystal Lake Police Officer and Former Business Owner Convicted




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller