An Act to Update the Laws Governing Electronic Device Information as Evidence
Maine Legislature, Session 131, LD 1576
Committee: Judiciary
Sponsors: O'NEIL, HICKMAN, ANDREWS, BOYER, LEE, MALON, TALBOT ROSS, BAILEY, DAUGHTRY, GUERIN
Amends: 16 MRSA §641, 16 MRSA §642, 16 MRSA §643, 16 MRSA §644, 16 MRSA §645

Legislative Document
No. 1576
H.P. 1021
House of Representatives, April 11, 2023
An Act to Update the Laws Governing Electronic Device 
Information as Evidence
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative O'NEIL of Saco.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: ANDREWS of Paris, BOYER of Poland, LEE of Auburn, MALON of 
Biddeford, Speaker TALBOT ROSS of Portland, Senators: BAILEY of York, DAUGHTRY of 
Cumberland, GUERIN of Penobscot.
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Sec. 2.  16 MRSA §641, sub-§2, as enacted by PL 2013, c. 402, §1, is repealed.
Sec. 3.  16 MRSA §641, sub-§2-A is enacted to read:
2-A.  Electronic communication.  "Electronic communication" means the transfer of 
information, including but not limited to signs, signals, writings, images, sounds, data or 
intelligence, in whole or in part by a wire or a radio or an electromagnetic, photoelectric or 
photo-optical system.
Sec. 4.  16 MRSA §641, sub-§2-B is enacted to read:
2-B.  Electronic communication information.  "Electronic communication 
information" means the information transferred through electronic communication or 
through the use of an electronic communication service, including but not limited to the 
format of information, the information contained under a sender or recipients folder, the 
location of a sender or recipient at any time during the electronic communication, the time 
or date the electronic communication was transferred or any information relating to an 
individual or an electronic device participating in the electronic communication, such as an 
Internet protocol address.
Sec. 5.  16 MRSA §641, sub-§3-A is enacted to read:
3-A.  Electronic device.  "Electronic device" means a device that stores, generates or 
transmits information in electronic form.
Sec. 6.  16 MRSA §641, sub-§3-B is enacted to read:
3-B.  Electronic device information.  "Electronic device information" means any 
information stored on, generated or transmitted through the operation of an electronic 
device, including the current and prior locations of the device.
Sec. 7.  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. 8.  16 MRSA §641, sub-§6, as amended by PL 2019, c. 489, §5, is repealed.
Sec. 9.  16 MRSA §641, sub-§7-B is enacted to read:
7-B.  Subscriber information.  "Subscriber information" means the name, street 
address, telephone number, email address or similar contact information provided by a 
subscriber to a provider to establish or maintain an account or ability to communicate; an 
account number or identifier; the length of service; and the types of services used by a user 
of or subscriber to an electronic communication service or remote computing service.
Sec. 10.  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.
Sec. 11.  16 MRSA §642, as amended by PL 2017, c. 144, §4, is further amended 
by amending the section headnote to read:
§642.  Authority to obtain and disclose content electronic device information held by 
a provider of electronic communication service or electronic communication 
information
Sec. 12.  16 MRSA §642, sub-§1, as amended by PL 2017, c. 144, §4, is repealed 
and the following enacted in its place:
1.  Authority to obtain.  A government entity may, 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:
A.  Obtain electronic device information or electronic communication information 
directly from a provider of electronic communication service or a provider of remote 
computing service;
B.  Compel the production of or access to electronic device information or electronic 
communication information from any person other than the owner of the electronic 
device; or
C.  Access electronic device information or electronic communication information by 
means of physical interaction or electronic communication with the electronic device.
Sec. 13.  16 MRSA §642, sub-§2, as amended by PL 2013, c. 519, §5, is further 
amended to read:
2.  Authority to disclose.  A provider of electronic communication service or remote 
computing service may disclose portable electronic device content information or 
electronic communication 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. 14.  16 MRSA §642, sub-§3 is enacted to read:
3.  Construction.  This section may not be construed to prohibit the intended recipient 
of electronic communication information or electronic device information from voluntarily 
disclosing that information to a government entity.
Sec. 15.  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 electronic communication information or electronic device 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. 16.  16 MRSA §643, sub-§1, as amended by PL 2019, c. 489, §8, is further 
amended to read:
1.  Timing and content of notice.  Unless the court determines under subsection 2 that 
no notice is required, the government entity shall provide notice to the owner or user that 
content information electronic device information or electronic communication 
information was obtained by the government entity from a provider of electronic 
communication service or remote computing service within 3 days of obtaining the content 
information that 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 electronic device information or electronic communication 
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
C.  The identity of the provider of electronic communication service or remote 
computing service from whom the information was obtained.
Sec. 17.  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 electronic 
device information or electronic communication 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.
Sec. 18.  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 or electronic communication 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. 19.  16 MRSA §644, sub-§2, as enacted by PL 2013, c. 402, §1, is amended to 
read:
2.  Consent of owner or user not required if content electronic device information 
or electronic communication information public.  Notwithstanding subsection 1, a 
government entity may obtain content electronic device information or electronic 
communication information without a warrant if the content that information is otherwise 
disclosed by anyone in a publicly accessible domain, including, but not limited to, on the 
Internet.
Sec. 20.  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 
electronic communication information from a portable or electronic device information 
without a warrant, and a provider of electronic communication service or remote computing 
service may disclose such information to the requesting government entity without a 
warrant.
Sec. 21.  16 MRSA §645, as enacted by PL 2013, c. 402, §1, is amended to read:
§645.  Use of content electronic device information or electronic communication 
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.
SUMMARY
This bill amends the provisions of law relating to portable electronic device content 
information by:
1. Replacing the term "portable electronic device" with the term "electronic device" 
and redefining the term;
2. Replacing the term "content information" with the terms "electronic communication 
information" and "electronic device information";
3.  Adding definitions of the terms "electronic communication" and "subscriber 
information"; and
4. Clarifying the circumstances in which a government entity may obtain certain 
electronic communication information or access electronic device information pursuant to 
a search warrant.