Text to be removed highlighted in red.
1 New Chapter; Cell Site Simulator Devices. Amend RSA by inserting after chapter 570-B the following new chapter:
CHAPTER 570-C
CELL SITE SIMULATOR DEVICES
570-C:1 Definitions. As used in this chapter:
I. "Cell site simulator device" means a device that transmits or receives radio waves for the purpose of conducting one or more of the following operations:
(a) Identifying, locating, or tracking the movements of a communications device.
(b) Intercepting, obtaining, accessing, or forwarding the communications, stored data, or metadata of a communications device.
(c) Affecting the hardware or software operations or functions of a communications device.
(d) Forcing transmissions from or connections to a communications device.
(e) Denying a communications device access to other communications devices, communications protocols, or services.
(f) Spoofing or simulating a communications device, cell tower, cell site, or service, including, but not limited to, an international mobile subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information, and communications content, or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance.
II. A "cell site simulator device" shall not include any device used or installed by an electric utility solely to the extent such device is used by that utility to measure electrical usage, to provide services to customers, or to operate the electric grid.
570-C:2 Prohibitions. Neither the state nor its political subdivisions, nor an individual, or any other person or organization shall, by means of a cell site simulator device, collect or use a person's electronic data or metadata without:
I. The person's informed consent; or
II. A warrant issued by a judge and based upon probable cause that describes with particularity the person, place, or thing to be searched or seized; or
III. A legally recognized exception to the warrant requirement of the Fourth Amendment of the United States Constitution.
570-C:3 Law Enforcement Use. A law enforcement agency authorized to use a cell site simulator device in accordance with this chapter shall:
I. Limit the collection of any information or metadata to the target specified in the applicable court order.
II. Permanently delete any information or metadata collected from any party not specified in the applicable court order immediately following such collection and not transmit, use, or retain such information or metadata for any purpose.
III. Delete any information or metadata collected from the target specified in the court order within 30 days if there is no longer reason to believe that such information or metadata is evidence of a crime.
570-C:4 Penalty. Any person who violates any provision of this chapter shall be guilty of a class A misdemeanor and, notwithstanding RSA 651:2, IV(a), may be fined up to $10,000.
2 Effective Date. This act shall take effect January 1, 2018.
Text to be added highlighted in green.
1 New Chapter; Cell Site Simulator Devices. Amend RSA by inserting after chapter 570-B the following new chapter:
CHAPTER 570-C
CELL SITE SIMULATOR DEVICES
570-C:1 Definitions. As used in this chapter:
I. "Cell site simulator device" means a device that transmits or receives radio waves for the purpose of conducting one or more of the following operations:
(a) Identifying, locating, or tracking the movements of a communications device.
(b) Intercepting, obtaining, accessing, or forwarding the communications, stored data, or metadata of a communications device.
(c) Affecting the hardware or software operations or functions of a communications device.
(d) Forcing transmissions from or connections to a communications device.
(e) Denying a communications device access to other communications devices, communications protocols, or services.
(f) Spoofing or simulating a communications device, cell tower, cell site, or service, including, but not limited to, an international mobile subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information, and communications content, or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance.
II. A "cell site simulator device" shall not include any device used or installed by an electric utility solely to the extent such device is used by that utility to measure electrical usage, to provide services to customers, or to operate the electric grid.
570-C:2 Prohibitions. Neither the state nor its political subdivisions, nor an individual, or any other person or organization shall, by means of a cell site simulator device, collect or use a person's electronic data or metadata without:
I. The person's informed consent; or
II. A warrant issued by a judge and based upon probable cause that describes with particularity the person, place, or thing to be searched or seized; or
III. A legally recognized exception to the warrant requirement of the Fourth Amendment of the United States Constitution.
570-C:3 Law Enforcement Use. A law enforcement agency authorized to use a cell site simulator device in accordance with this chapter shall:
I. Limit the collection of any information or metadata to the target specified in the applicable court order.
II. Permanently delete any information or metadata collected from any party not specified in the applicable court order immediately following such collection and not transmit, use, or retain such information or metadata for any purpose.
III. Delete any information or metadata collected from the target specified in the court order within 30 days if there is no longer reason to believe that such information or metadata is evidence of a crime.
570-C:4 Penalty. Any person who violates any provision of this chapter shall be guilty of a class A misdemeanor and, notwithstanding RSA 651:2, IV(a), may be fined up to $10,000.
2 Effective Date. This act shall take effect January 1, 2018.