Technology
Criminal procedure: prohibited violations
California bars investigative orders and record disclosures used to enforce laws against First Amendment-protected conduct or lawful protected health care.
The law extends California’s limits on using state investigative tools and California-based communications providers to support out-of-state or federal investigations of protected conduct.
What the law does
- Defines a prohibited violation to include liability arising from exercising any right protected by the First Amendment.
- Bars California magistrates from authorizing wiretap orders to investigate or obtain evidence of a prohibited violation.
- Allows wiretaps for listed serious crimes even when communications also include First Amendment-protected expression.
- Requires California communications-service corporations to refuse federal or out-of-state warrants for customer records tied to prohibited violations, and requires an attestation that requested evidence is unrelated to one.
- Bars California-based electronic communications providers from complying with federal or out-of-state legal process tied to prohibited violations.
- Authorizes the Attorney General to bring a civil action compelling covered providers to comply.
Who it affects
- People exercising First Amendment-protected rights.
- People providing, facilitating, or obtaining legally protected health care that is lawful in California.
- California corporations and California-headquartered corporations that provide electronic communications or remote computing services.
- Federal and out-of-state investigators seeking customer records or other assistance from covered California providers.