UPDATE 5/30/19: HB 2134 was approved by the Illinois House and Illinois Senate. The bill now goes to the Governor.
HB 2134 bill that recognizes the United States Supreme Court ruling in Carpenter v. United States (2018) that cell phone users have a reasonable expectation of privacy under the Fourth Amendment in historical cell site location data.
HB 2134 reconciles the Illinois Freedom from Location Surveillance Act (FLSA) with the ruling of Carpenter, ensuring that Illinois law enforcement agencies seek a warrant or court order before obtaining current, future, or historical cell-site location information (CSLI). Specifically, HB 2134 would amend the FLSA as follows:
- Amends the Freedom from Location Surveillance Act to require law enforcement agencies in Illinois to obtain a court order or warrant before obtaining historical cell site location data most commonly stored by wireless carriers
- Removes instances of “current or future” from the FLSA, making clear that the law applies to all location information
In order to keep up with current technology, and protect against technological advancements that create new intrusions on an individual’s reasonable expectation of privacy in everyday travel, Illinois law must be updated.