“If passed, the new bills would establish a well-defined, probable-cause-driven warrant requirement for all location information. That’s not just data from GPS, but potentially pen register, tap and trace, and tower location data as well. Such data would be disclosed to law enforcement “if there is probable cause to believe the records disclosing location information will provide evidence in a criminal investigation.”
Further, the bills would require an annual transparency report from mobile carriers to the public and to the state government.
Under current federal case law and statute, law enforcement generally has broad warrantless powers to not only track suspects in real-time based on their phone data, but also to access records of where and when calls were made or text messages were sent or received—and all of this is provided by the carriers.