Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                               FEBRUARY 15, 2024             499
                                                                BY GOVERNOR               PUBLIC LAW
                                  STATE OF MAINE
                                             _____
                           IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FOUR
                                             _____
                                 H.P. 1021 - L.D. 1576
   An Act to Update the Laws Governing Electronic Device Information as
                                Evidence
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 16 MRSA c. 3, sub-c. 10, headnote is amended to read:
                                      SUBCHAPTER 10
        PORTABLE ELECTRONIC DEVICE CONTENT INFORMATION
    Sec. 2. 16 MRSA §641, sub-§3-A is enacted to read:
    3-A. Electronic device. "Electronic device" means an electronic device that enables
access to, or use of, an electronic communication service or remote computing service.
    Sec. 3. 16 MRSA §641, sub-§5, as enacted by PL 2013, c. 402, §1, is amended to
read:
    5. Owner. "Owner" means the person or entity having the legal title, claim or right to
a portable an electronic device.
    Sec. 4. 16 MRSA §641, sub-§6, as amended by PL 2019, c. 489, §5, is repealed.
    Sec. 5. 16 MRSA §641, sub-§7, as enacted by PL 2013, c. 402, §1, is repealed and
the following enacted in its place:
    7. Remote computing service. "Remote computing service" means:
    A. The provision to the public over the Internet of on-demand computer storage; or
    B. Processing services provided by means of an electronic communication service.
    Sec. 6. 16 MRSA §641, sub-§8, as enacted by PL 2013, c. 402, §1, is amended to
read:
    8. User. "User" means a person or entity that uses a portable an electronic device.
                                      Page 1 - 131LR1832(03)
    Sec. 7. 16 MRSA §642, as amended by PL 2017, c. 144, §4, is further amended to
read:
§642. Authority to obtain and disclose content information held by a provider of
      electronic communication service or remote computing service
    1. Authority to obtain. A government entity may obtain portable electronic device
content information directly from a provider of electronic communication service or a
provider of remote computing service only in accordance with a valid search warrant issued
by a duly authorized justice, judge or justice of the peace using procedures established
pursuant to Title 15, section 55 or 56 or as otherwise provided in this subchapter.
     2. Authority to disclose. A provider of electronic communication service or remote
computing service may disclose portable electronic device content information to a
government entity only pursuant to a warrant issued by a duly authorized justice, judge or
justice of the peace or as otherwise provided in this subchapter.
    Sec. 8. 16 MRSA §643, first ¶, as amended by PL 2019, c. 489, §7, is further
amended to read:
    Notice must be given to the owner or user of a portable an electronic device whose
content information was obtained by a government entity. The notice requirements of this
section do not apply if the government entity is unable to identify the owner or user of a
portable an electronic device.
    Sec. 9. 16 MRSA §643, sub-§3, as enacted by PL 2013, c. 402, §1, is amended to
read:
     3. Preclusion of notice to owner or user subject to warrant for content
information. A government entity acting under section 642 may include in its application
for a warrant a request for an order directing a provider of electronic communication service
or remote computing service to which a warrant is directed not to notify any other person
of the existence of the warrant. The court may issue the order if the court determines that
there is reason to believe that notification of the existence of the warrant will have an
adverse result.
    Sec. 10. 16 MRSA §644, sub-§1, as amended by PL 2019, c. 489, §9, is further
amended to read:
    1. Consent of owner or user. When disclosure of portable electronic device content
information is not prohibited by federal law, a government entity may obtain the
information without a warrant with the informed, affirmative consent of the owner or user
of the portable electronic device concerned, except when the device is known or believed
by the owner or user to be in the possession of a 3rd party authorized to possess the device
by the owner or user.
    Sec. 11. 16 MRSA §644, sub-§3, as amended by PL 2019, c. 489, §9, is further
amended to read:
     3. Emergency. When a government entity cannot, with due diligence, obtain a warrant
in time to address an emergency that involves or is believed to involve imminent danger of
death or serious physical injury to any person, a government entity may obtain the content
information from a portable an electronic device without a warrant, and a provider of
                                   Page 2 - 131LR1832(03)
electronic communication service or remote computing service may disclose such
information to the requesting government entity without a warrant.
                              Page 3 - 131LR1832(03)
Statutes affected: 
Bill Text LD 1576, HP 1021: 16.641, 16.642, 16.643, 16.644, 16.645
Bill Text ACTPUB , Chapter 499: 16.641, 16.642, 16.643, 16.644