Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1593
4
5 By: Representatives Long, M. Brown
6
7 For An Act To Be Entitled
8 AN ACT TO CREATE THE ARKANSAS FOURTH AMENDMENT
9 PROTECTION ACT; TO AMEND THE LAW CONCERNING THE
10 COLLECTION OF ELECTRONIC DATA AND METADATA; AND FOR
11 OTHER PURPOSES.
12
13
14 Subtitle
15 TO CREATE THE ARKANSAS FOURTH AMENDMENT
16 PROTECTION ACT; AND TO AMEND THE LAW
17 CONCERNING THE COLLECTION OF ELECTRONIC
18 DATA AND METADATA.
19
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code Title 25, Chapter 1, is amended to add an
24 additional subchapter to read as follows:
25
26 Subchapter 10 — Arkansas Fourth Amendment Protection Act
27
28 25-1-1001. Title.
29 This subchapter shall be known and may be cited as the "Arkansas Fourth
30 Amendment Protection Act".
31
32 25-1-1002. Definitions.
33 As used in this subchapter:
34 (1) "Electronic data" means an information related to an
35 electronic communication or the use of an electronic communication service,
36 including without limitation:
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1 (A) The content, sender, recipient, or format of an
2 electronic communication;
3 (B) The precise or approximate location of the sender or
4 recipient of an electronic communication at any time during the
5 communication;
6 (C) The time or date the electronic communication was
7 created, sent, or received; and
8 (D) The identity of an individual or device involved in
9 the electronic communication, including without limitation an internet
10 protocol address;
11 (2) "Metadata" means information generally not visible when an
12 electronic document is printed describing the history, tracking, or
13 management of the electronic document, including without limitation:
14 (A) Information about data in the electronic document that
15 describes how, when, and by whom the data were collected, created, accessed,
16 or modified; and
17 (B) How the data are formatted; and
18 (3) "State entity" means an instrumentality of state government,
19 including without limitation a board, commission, committee, advisory board,
20 office, department, institution, bureau, council, administrative program,
21 agency, or division.
22
23 25-1-1003. State entities prohibited from assisting federal agencies
24 collecting electronic data or metadata.
25 The state or a state entity shall not assist, participate with, or
26 provide material support or resources to enable or facilitate a United States
27 Government agency in the collection or use of an individual's electronic data
28 or metadata, unless one (1) or more of the following apply:
29 (1) The individual has given informed consent; or
30 (2) The collection or use of the electronic data or metadata is:
31 (A) Pursuant to a warrant that:
32 (i) Is based upon probable cause; and
33 (ii) Particularly describes the individual, place,
34 or thing to be searched or seized; or
35 (B) According to a legally recognized exception to the
36 warrant requirements.
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