An Act To Protect Cellular Telephone Privacy
Maine Legislature, Session 126, LD 1377
Committee Amendment CA_B_S279 (Senate)

COMMITTEE AMENDMENT 'f; " 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, s,ub-c. 10 is enacted to read: 
SUBCHAPTER 10 
PORTABLE ELECTRONIC DEVICE CONTENT INFORMATION 
§641. Definitions 
As used in this subchapte: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. Substantially jeopardizing an investigation: or 
F. Undue delay of a trial. 
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 "e)" 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. Anthority to disclose. A provider of an 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 delayed notice is ordered under subsection 
2, 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 10 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: 
C. 
If content information was obtained from a provider of an electronic 
communication service or other 3rd party, the identity of the provider of the 
COMMITTEE AMENDMENT 
• ·, . 
COMMITTEE AMENDMENT" 6" to S.P. 484, L.D. 1377 
electronic communication service or the 3rd party from whom the information was 
obtained; and 
D. Whether the notification was delayed pursuant to subsection 2 and, if so, the court 
that granted the delay and the reasons for granting the delay. 
2. Delay of notification. A government entity acting under section 642 may include 
in the application for a warrant a request for an order to delay the notification required 
under this section for a period not to exceed 90 days. The court shall issue the order if the 
court determines that there is reason to believe that notification may have an adverse 
result. Upon expiration of the period of delay granted under this subsection and any 
extension granted under subsection 4, the government entity shall provide the owner or 
user with a copy of the warrant !together with a notice pursuant to subsection 1. 
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 an electronic 
communication service to which a warrant is directed not to notify any other person of 
the existence of the warrant for a period of not more than 90 days. The court shall issue 
the order if the court determines that there is reason to believe that notification of the 
existence of the warrant may have an adverse result. 
4. Extension. The court, upon application, may grant one or more extensions of 
orders granted under subsection 2 or 3 for up to one additional year. 
§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 devicl! 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 a 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 an electronic 
communication service may disclose such information to the requesting government 
entity without a warrant. 
§645. Conditions of use of content information 
1. 
Use of content information 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. 
2. Conditions of use of (!ontent information in proceeding. Portable electronic 
device content information obtained pursuant to this subchapter or evidence derived from 
that content information may be received in evidence or otherwise disclosed in a trial, 
hearing or other proceeding only if each party, not less than 10 days before the trial, 
COMMI'TTEE AMENDMENT 
t..." 
COMMITTEE AMENDMENT" 5"to S.P. 484, L.D. 1377 
hearing or proceeding, has been furnished with a copy of the warrant and accompanying 
application under which the content information was obtained. 
3. Ten-day requirement; exception. The 10-day requirement under subsection 2 
may be waived if a judge or justice makes a finding that it is not possible to provide a 
party with the warrant and accompanying application 10 days prior to a trial, hearing or 
proceeding and that the party will not be prejudiced by the delay in receiving the content 
information. 
§646. Violations; private actions; enforcement 
1. 
Civil suit authorized. A person damaged as a result of a violation of this 
subchapter has a cause of action in Superior Court against the provider of an electronic 
communication service that disclosed portable electronic device content information in 
violation of this subchapter, and, in addition to actual damages, costs and attorney's fees, 
the court may award statutory damages in an amount not to exceed $5,000. A suit 
authorized under this section may not be maintained by any person who has sought or is 
seeking civil damages under federal law for the same disclosure. 
2. Exceptions. No cause of action may be brought against any provider of an 
electronic communication service or its officers, employees, agents or other specified 
persons for providing any information, facilities or assistance to a law enforcement 
officer or agency in response to a warrant, whether properly issued or not, or with the 
affirmative consent of the apparent owner or user of the portable electronic device or in 
response to an emergency request made by a government entity claiming authority to 
make the request under this subchapter. 
3. Limitation. A civil action under this subchapter may not be commenced later 
than 2 years after the date upon which the claimant first discovered or had a reasonable 
opportunity to discover the violation. 
4. 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. 
5. Attorney General. The Attorney General may enforce the provisions of this 
subchapter. 
Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration - Attorney General 0310 
Initiative: Provides funds for 2 Research Assistant positions and related costs to manage 
the notification provisions of this Act. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
2013-14 
2.000 
$92,542 
COMMITTEE AMENDMENT 
2014-15 
2.000 
$128,851 
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COMMITTEE AMENDMENT "ir to S.P. 484, L.D. 1377 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
$7,801 
$5,068 
$100,343 
$133,919 
This amendment is the minority 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 
content information 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 governm(~nt 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 c:ontent information was obtained from that person's device 
within 10 days of obtaining the information, unless the court determines there is good 
cause to delay this notification. The delay may be for a period of up to 90 days. The 
government entity may request subsequent delays for up to one additional year. The 
government entity may also n~quest that the court order the provider of an electronic 
communication service that is subject to the warrant not to notity any person about the 
existence of the warrant for the same time periods. 
This amendment provides that, except as proof of a violation of the new provisions, 
evidence obtained in violation of the provisions is not admissible in a criminal, civil, 
administrative or other proceeding. Content information may be received in evidence or 
otherwise disclosed in a proceeding only if each party has been furnished with a copy of 
the warrant and accompanying application under which the content information was 
obtained at least 10 days befon~ the proceeding, unless the 10-day requirement is waived 
by the court. 
This amendment provides that a person damaged as a result of a violation of these 
provisions has a cause of action in Superior Court against the provider of an electronic 
communication service that disclosed portable electronic device content information in 
violation of these provisions, and, in addition to actual damages, costs and attorney's fees, 
the court may award statutory damages in an amount not to exceed $5,000. There is no 
liability if the action taken was in response to a warrant or with the affirmative consent of 
the apparent owner or user of the portable electronic device. 
The amendment also 
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, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" B" to S.P. 484, L.D. 1377 
and the court may award injunctive relief. Finally, the bill authorizes the Attorney 
General to enforce these provisions. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/12/13 
~a~ 
LD 1377 
LR 1975(03) 
An Act To Protect Cellular Telephone Privacy 
Fiscal Note for Bill as Amended by Committee Amendment 'B'{.!J..'1Q '\ 
Committee: Judiciary 
~ 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
Fi:§cal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
$100,343 
$133,919 
$100,343 
$133,919 
Projections 
FY 2015-16 
$137,785 
$137,785 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
FY 2016-17 
$141,767 
$141,767 
This bill includes a General Fund appropriation of$100,343 in fiscal year 2013-14 and $133,919 in fiscal year 2014-
for the Department of the Attorney General for 2 Research Assistant positions and related costs to manage the 
notification provisions of this bill. 
LR197S(03) - Fiscal Note - Page 1 of 1