An Act To Protect Cellular Telephone Privacy
Maine Legislature, Session 126, LD 1377
Committee Amendment CA_A_S278 (Senate)

COMMITTEE AMENDMENT ':A "to S.P. 484, L.D. 1377, Bill, "An Act To 
Protect Cellular Telephone Privacy" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 16 MRSA c. 3, !mb-c. 10 is enacted to read: 
SUBCHAPTER 10 
PORTABLE ELECTRONIC DEVICE CONTENT INFORMATION 
§641. Definitions 
As used in this subchaptf:r, unless the context otherwise indicates, the following 
terms have the following meanings. 
1. Adverse result. "Adverse result" means; 
A. Immediate danger of death or serious physical injury; 
B. Flight from prosecution~ 
C. Destruction of or tampering with evidence; 
D. Intimidation of a potential witness; 
E. Potentially jeopardizing an investigation; 
F. Undue delay of a trial; or 
G. Other significantly detrimental consequence. 
2. Content information. "Content information," when used with respect to any 
wire, oral or electronic communication, includes any information concerning the 
substance, purport or meaning of that communication. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT~" to S.P. 484, L.D. 1377 
3. Electronic communication service. "Electronic communication service" means a 
service that provides to users the ability to send or receive spoken or electronic 
communications. 
4. Government entity. "Government entity" means a state or local government 
agency, including but not limited to a law enforcement entity or any other investigative 
entity, agency, department, division, bureau, board or commission or an individual acting 
or purporting to act for or on behalf of a state or local government agency. 
5. Owner. "Owner" means the person or entity having the legal title, claim or right 
to a portable electronic device. 
6. Portable electronic device. "Portable electronic device" means a portable device 
that enables access to, or use of, an electronic communication service or remote 
computing service. 
7. 
Remote computing service. 
"Remote computing service" means computer 
storage or processing services provided by means of an electronic communication 
servIce. 
8. User. "User" means a person or entity that uses a portable electronic device. 
§642. Authority to obtain and disclose content information 
1. Authority to obtain. A government entity may obtain portable electronic device 
content information only in accordance with a valid warrant issued by a duly authorized 
judge or justice using procedures established pursuant to Title 15, section 55 or as 
otherwise provided in this subchapter. 
2. Authority to disclose. A provider of electronic communication service may 
disclose portable electronic device content information to a government entity only 
pursuant to a warrant issued by a duly authorized judge or justice or as otherwise 
provided in this subchapter. 
§643. Notice 
Notice must be given to the owner or user of a portable electronic device whose 
content information was obtained by a government entity. 
1. Timing and content of notice. Unless the court detennines under subsection 2 
that no notice is required, the government entity shall provide notice to the owner or user 
that content information was obtained by the government entity from that owner's or 
user's portable electronic device within 3 days of obtaining the content information. The 
notice must be made by service or delivered by registered or first-class mail, e-mail or 
any other means reasonably calculated to be effective as specified by the court issuing the 
warrant. The notice must contain the following information: 
A. The nature of the law enforcement inquiry, with reasonable specificity; 
B. The content information of the owner or user that was supplied to or requested by 
the government entity and the date on which it was provided or requested; and 
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COMMITTEE AMENDMENT" A" to S.P. 484, L.D. 1377 
C. If content information was obtained from a provider of electronic communication 
service or other 3rd party, the identity of the provider of electronic communication 
service or the 3rd party from whom the information was obtained. 
2. Notification not required. A government entity acting under section 642 may 
include in the application for a warrant a request for an order to waive the notification 
required under this section. The court may issue the order if the court determines that 
there is reason to believe that notification will have an adverse result. 
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 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. 
§644. Exceptions 
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 known to the owner or user. 
2. Emergency. When III government entity cannot, with due diligence, obtain a 
warrant in time to address an emergency that involves or is believed to involve an 
imminent threat to life or safety, a government entity may obtain the content information 
from a portable electronic device without a warrant, and a provider of electronic 
communication service may disclose such information to the requesting government 
entity without a warrant. 
§645. 
Use of content infor'mation obtained in violation of this subchapter not 
admissible 
Except as proof of a violation of this subchapter, evidence obtained in violation of 
this subchapter is not admissible in a criminal, civil, administrative or other proceeding. 
§646. Violations; injunctive relief 
A person damaged as a result of a violation of this subchapter has a cause of action in 
court against a government entity that fails to comply with the provisions of this 
subchapter, and the court may award injunctive relief.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
It replaces the bill. 
This amendment enacts provisions governing the disclosure of information regarding 
the content of communications conveyed using portable electronic devices such as 
cellular telephones. This amendment prohibits a government entity from obtaining 
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COMMITTEE AMENDMENT 'A" to S.P. 484, L.D. 1377 
content infonnation concerning the substance, purport or meaning of the communication 
conveyed using a cellular telephone or other portable electronic device without a valid 
warrant, except that a government entity may obtain such information with the consent of 
the owner or user of the portable electronic device or in an emergency. 
This amendment requires a government entity to inform the owner or user of a 
portable electronic device that content infonnation was obtained from that person's device 
within 3 days of obtaining the infonnation, unless the court detennines there is good 
cause to waive the notification requirement. 
This amendment provides that a person damaged as a result of a violation of these 
provisions has a cause of action in court against a government entity that fails to comply 
with these provisions, and the court may award injunctive relief. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/12/l3 
:;It?ac. 
LD 1377 
LR 1975(02) 
An Act To Protect Cellular Telephone Privacy 
Fiscal Note for Bill a!i Ame~ded by C~r.nmittee Amendment A" (8- Z. t ~ "") 
CommIttee: JudIcIary 
-..; 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The Department of the Attorney General will incur additional costs, but assuming the waiver of the notification 
requirement will be regularly granted, the additiional costs can be absorbed utilizing existing budgeted resources. 
LR1975(02) - Fiscal Note - Page 1 of 1