H.F. 2677 Section 1. NEW SECTION . 808.17 Reverse-location warrant. 1 1. For purposes of this section: 2 a. “Anonymized” means identifying information connected 3 to an electronic device in a manner such that the subject, 4 including an individual, household, device, or internet 5 protocol address, is not identifiable to a law enforcement 6 agency. 7 b. “Cell site” means transmission or reception equipment, 8 including a base-station antenna, that connects an electronic 9 device to a network. 10 c. “Cell site record” means the cell site location 11 information of an electronic device that corresponds to a 12 specific cell site and time frame. 13 d. “Electronic device” means a device that enables access 14 to or use of a location information service or can otherwise 15 create or provide location information. 16 e. “Geofence” means a specified geographic area defined by a 17 virtual perimeter or geographic coordinates. 18 f. “Government entity” means a state or local agency, 19 including but not limited to a law enforcement entity or any 20 other investigative entity, agency, department, division, 21 bureau, board, or commission, or an individual or entity acting 22 or purporting to act for or on behalf of a state or local 23 agency. 24 g. “Identifying information” means information tied to an 25 electronic device that identifies the user’s or owner’s name, 26 address, phone number, email address, or other information that 27 would identify the owner or user of the electronic device. 28 h. “Location information” means information concerning 29 the geographical location of an electronic device that, in 30 whole or in part, is generated, derived from, or obtained by 31 the operation of an electronic device or the operation of 32 a software application on an electronic device. “Location 33 information” includes past, current, and future location 34 information. 35 -1- LSB 6911HV (1) 91 as/js 1/ 11

H.F. 2677 i. “Reverse-location information” means historical location 1 information for a defined time period, within a geographic 2 location, that affects a number of electronic devices for which 3 the identities of the owners or users of the electronic devices 4 are unknown to law enforcement. 5 2. a. For a criminal investigation or prosecution, a 6 law enforcement agency shall not obtain reverse-location 7 information for electronic devices within a geofence unless the 8 law enforcement agency obtains a search warrant as provided 9 under this section, the investigation or prosecution involves a 10 violent felony, and the law enforcement agency can demonstrate 11 an imminent, ongoing threat to public safety. 12 b. To obtain reverse-location information inside of a 13 geofence, a law enforcement agency shall include with the sworn 14 warrant application all of the following: 15 (1) A map or other visual depiction that represents the 16 geofence for which the warrant is seeking information. 17 (2) The following language at the beginning of the 18 application in a legible font no smaller than other text 19 appearing in the application: 20 NOTICE: This warrant application seeks judicial 21 authorization for the disclosure of reverse-location 22 information of electronic devices near the location of a 23 crime at or near the time of the crime. If authorized, the 24 warrant allows law enforcement to obtain historical location 25 information of all devices within the area described in the 26 warrant during the specified time from entities in possession 27 of the relevant data. The electronic devices captured in 28 the warrant may be owned or used by both alleged criminal 29 perpetrators and individuals not involved in the commission 30 of a crime. For this reason, any warrant issued must 31 require the anonymization of all devices associated with the 32 reverse-location information. 33 (3) Evidence establishing probable cause to believe that 34 evidence of a crime will be found within the geofence and 35 -2- LSB 6911HV (1) 91 as/js 2/ 11

H.F. 2677 within a specified period of time. 1 c. If a court grants a warrant under this subsection, 2 the court shall require all electronic device data provided 3 pursuant to the warrant to be anonymized before the 4 reverse-location information is released to the law enforcement 5 agency. 6 d. A law enforcement agency obtaining reverse-location 7 information by placing a geofence around a public building 8 without obtaining a search warrant shall not be justified by 9 qualified immunity. 10 3. a. For a criminal investigation or prosecution, a 11 law enforcement agency shall not obtain reverse-location 12 information based on cell site records unless the law 13 enforcement agency obtains a search warrant as provided under 14 this section, the investigation or prosecution involves a 15 violent felony, and the law enforcement agency can demonstrate 16 an imminent, ongoing threat to public safety. 17 b. To obtain cell site-based reverse-location information, 18 a law enforcement agency shall include with the sworn warrant 19 application all of the following: 20 (1) A visual depiction or written description that 21 identifies: 22 (a) The crime scene location and any other areas of interest 23 related to the crime. 24 (b) The location of cell sites from which the 25 reverse-location information is sought. 26 (c) The distance between the crime scene location and the 27 cell sites from which the reverse-location information is 28 sought. 29 (2) The following language at the beginning of the 30 application in a legible font no smaller than other text 31 appearing in the application: 32 NOTICE: This warrant application seeks judicial 33 authorization for the disclosure of reverse-location 34 information of electronic devices near the location of a 35 -3- LSB 6911HV (1) 91 as/js 3/ 11

H.F. 2677 crime at or near the time of the crime. If authorized, the 1 warrant allows law enforcement to obtain historical location 2 information of all devices within the area described in the 3 warrant during the specified time from entities in possession 4 of the relevant data. The electronic devices captured in 5 the warrant may be owned or used by both alleged criminal 6 perpetrators and individuals not involved in the commission 7 of a crime. For this reason, any warrant issued must 8 require the anonymization of all devices associated with the 9 reverse-location information. 10 (3) Evidence establishing probable cause to believe that 11 evidence of a crime will be found within the cell site records 12 and within a specified period of time. 13 c. If a court grants a warrant under this subsection, 14 the court shall require all electronic device data provided 15 pursuant to the warrant to be anonymized before the 16 reverse-location information is released to the law enforcement 17 agency. 18 4. a. If, after executing a warrant described in 19 subsection 2 or 3, a law enforcement agency seeks to obtain 20 reverse-location information beyond the parameters of the 21 warrant, the law enforcement agency shall do all of the 22 following: 23 (1) Include in the sworn warrant application the specific 24 electronic devices identified in the anonymized data for which 25 the law enforcement agency seeks additional reverse-location 26 information. 27 (2) Establish probable cause to believe that evidence of a 28 crime will be found within a specified period of time. 29 (3) Affirm that the crime described in subparagraph (2) 30 is the same crime or directly related to the crime that was 31 the subject of the warrant obtained under subsection 2 or 3, 32 or is a crime subject to the judicially recognized plain-view 33 exception to the warrant requirement. 34 b. If a court grants a warrant under this subsection, 35 -4- LSB 6911HV (1) 91 as/js 4/ 11

H.F. 2677 the court shall require all electronic device data provided 1 pursuant to the warrant to be anonymized before the 2 reverse-location information is released to the law enforcement 3 agency. 4 5. To obtain identifying information for an electronic 5 device identified pursuant to a warrant obtained under 6 subsection 2, 3, or 4, a law enforcement agency shall establish 7 in the sworn warrant application probable cause to believe that 8 the electronic device was used or otherwise implicated in a 9 crime. 10 6. a. A law enforcement agency shall not use, copy, 11 or disclose, for any purpose, reverse-location information 12 obtained under a warrant under subsection 2, 3, or 4, that is 13 all of the following: 14 (1) Not related to the crime that is the subject of the 15 warrant. 16 (2) Collected as part of an effort to obtain the 17 reverse-location information of an electronic device that 18 is related to the crime that is the subject of the warrant 19 obtained under subsection 2, 3, or 4. 20 b. The law enforcement agency shall destroy in an 21 unrecoverable manner the reverse-location information described 22 in paragraph “a” as soon as reasonably possible after the 23 criminal case is declined for prosecution or, if criminal 24 charges are filed, upon the final disposition of the criminal 25 case. 26 c. Reverse-location information obtained under subsection 2, 27 3, or 4 shall not be used in any of the following manners: 28 (1) Compared with, merged with, linked to, or in any way 29 electronically or otherwise connected to a source of electronic 30 data, including a database or file, containing one or more 31 points of data that includes the location information provided 32 by an electronic device unless all of the electronic data, 33 including the reverse-location information, is obtained for the 34 purpose of investigating the same criminal incident. 35 -5- LSB 6911HV (1) 91 as/js 5/ 11

H.F. 2677 (2) Used in any other criminal investigation or 1 prosecution. 2 d. A person or entity that provides reverse-location 3 information under this section shall ensure that the 4 reverse-location information is anonymized before the 5 reverse-location information is provided to a law enforcement 6 agency. 7 7. a. Except as provided in paragraph “b” or “c” , a law 8 enforcement agency that executes a warrant under subsection 5 9 shall serve a notice described in subsection 3 on the owner of 10 the electronic device for which identifying information was 11 obtained as follows: 12 (1) Within ninety days after the day on which the 13 identifying information is obtained by the law enforcement 14 agency, but in no case more than three days after the day on 15 which the investigation is concluded. 16 (2) If the owner of the electronic device for which the 17 identifying information specified in the warrant is unknown to 18 the law enforcement agency, within ninety days after the day 19 on which the law enforcement agency identifies, or reasonably 20 could identify, the owner. 21 b. A law enforcement agency is not required to serve a 22 notice described in paragraph “a” to the owner of the electronic 23 device for which identifying information was obtained if the 24 owner resides outside of the United States. 25 c. A law enforcement agency seeking a warrant in accordance 26 with subsection 5 may submit a request, and the court may grant 27 permission, to delay service of the notice required under 28 paragraph “a” for a period not to exceed thirty days if the 29 court determines that there is reasonable cause to believe that 30 the notification may do any of the following: 31 (1) Endanger the life or physical safety of an individual. 32 (2) Cause a person to flee from prosecution. 33 (3) Lead to the destruction of or tampering with evidence. 34 (4) Intimidate a potential witness. 35 -6- LSB 6911HV (1) 91 as/js 6/ 11

H.F. 2677 (5) Otherwise seriously jeopardize an investigation or 1 unduly delay a trial. 2 d. When a delay of notification is granted under paragraph 3 “c” and upon application by the law enforcement agency, the 4 court may grant additional extensions of up to thirty days 5 each. 6 e. (1) A law enforcement agency that seeks a warrant 7 in accordance with subsection 5 may submit a request to the 8 court, and the court may grant permission, to delay service 9 of the notice required under paragraph “a” if the purpose of 10 delaying the notification is to apprehend an individual who is 11 a fugitive from justice for whom an arrest warrant has been 12 issued for a forcible felony as defined in section 702.11. 13 (2) The court may grant the request to delay notification 14 until the individual who is a fugitive is apprehended by the 15 law enforcement agency. 16 f. The notice required under paragraph “a” shall include all 17 of the following: 18 (1) A copy of the warrant. 19 (2) A written statement identifying the offense specified 20 in the warrant application, the identity of the law enforcement 21 agency that filed the application, the date on which the 22 location information or identifying information was obtained, 23 and the number and length of any authorized delays in 24 serving the notice required under paragraph “a” including, if 25 applicable, the name of the court that authorized the delay and 26 a reference to the provision of this section that permitted the 27 delay. 28 g. A law enforcement agency shall serve the notice required 29 under paragraph “a” to the owner of the electronic device by 30 personal service on the owner, by first class mail to the 31 owner’s last known address, or by other reasonable means if the 32 owner’s last known address is unknown. 33 8. Reverse-location information or identifying information 34 obtained in violation of the provisions of this section shall 35 -7- LSB 6911HV (1) 91 as/js 7/ 11

H.F. 2677 be subject to the rules governing exclusion of evidence as if 1 the records were obtained in violation of the fourth amendment 2 to the Constitution of the United States and Article I, section 3 8, of the Constitution of the State of Iowa. 4 9. Beginning January 1, 2027, a law enforcement agency or 5 any government entity that obtained a reverse-location warrant 6 shall annually, on or before April 30, submit a report to the 7 general assembly with the following data for the previous 8 calendar year: 9 a. The number of reverse-location warrants requested by the 10 law enforcement agency under subsection 2, 3, or 4. 11 b. The number of investigations that used information 12 obtained under a reverse-location warrant to investigate a 13 crime that was not the subject of the reverse-location warrant. 14 c. The number of times identifying information for an 15 electronic device was obtained under subsection 5. 16 d. The number of electronic devices for which anonymized 17 electronic device data was obtained under each reverse-location 18 warrant described under subsection 2, paragraph “a” . 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill establishes procedures and requirements 23 for reverse-location searches by law enforcement or any 24 governmental entity. 25 The bill provides that for a criminal investigation or 26 prosecution, a law enforcement agency shall not obtain 27 reverse-location information for electronic devices within a 28 geofence unless the law enforcement agency obtains a search 29 warrant as provided under the bill, the investigation or 30 prosecution involves a violent felony, and the law enforcement 31 agency can demonstrate an imminent, ongoing threat to public 32 safety. A law enforcement agency shall include with the 33 sworn warrant application a map or other visual depiction 34 that represents the geofence for which the warrant is seeking 35 -8- LSB 6911HV (1) 91 as/js 8/ 11

H.F. 2677 information and specific language providing notice. If a 1 court grants a warrant, the court shall require all electronic 2 device data provided pursuant to the warrant to be anonymized 3 before the reverse-location information is released to the law 4 enforcement agency. A law enforcement agency that obtains 5 reverse-location information by placing a geofence around a 6 public building without obtaining a search warrant is not 7 justified by qualified immunity. 8 The bill provides that a law enforcement agency shall not 9 obtain reverse-location information based on cell site records 10 unless the law enforcement agency obtains a search warrant as 11 provided, the investigation or prosecution involves a violent 12 felony, and the law enforcement agency can demonstrate an 13 imminent, ongoing threat to public safety. To obtain cell 14 site-based reverse-location information, a law enforcement 15 agency shall include with the sworn warrant application a 16 visual depiction or written description that identifies the 17 crime scene location and any other areas of interest related 18 to the crime, the location of cell sites from which the 19 reverse-location information is sought, and the distance 20 between the crime scene location and the cell sites from which 21 the reverse-location information is sought; provide specific 22 notice language; and establish probable cause to believe that 23 evidence of a crime will be found within the cell site records 24 and within a specified period of time. If a court grants a 25 warrant, the court shall require all electronic device data 26 provided pursuant to the warrant to be anonymized before the 27 reverse-location information is released to the law enforcement 28 agency. 29 The bill provides that a law enforcement agency shall not 30 use, copy, or disclose, for any purpose, reverse-location 31 information obtained under a warrant that is not related to the 32 crime that is the subject of the warrant and is collected as 33 part of an effort to obtain the reverse-location information 34 of an electronic device that is related to the crime that 35 -9- LSB 6911HV (1) 91 as/js 9/ 11

H.F. 2677 is the subject of the warrant obtained under the bill. The 1 law enforcement agency shall destroy in an unrecoverable 2 manner the reverse-location information as soon as reasonably 3 possible after the criminal case is declined for prosecution 4 or, if criminal charges are filed, upon the final disposition 5 of the criminal case. Reverse-location information shall 6 not be compared with, merged with, linked to, or in any 7 way electronically or otherwise connected to a source of 8 electronic data, or used in any other criminal investigation 9 unless all the electronic data is obtained for the purpose of 10 investigating the same criminal incident. A person or entity 11 that provides reverse-location information shall ensure that 12 the reverse-location information is anonymized before the 13 reverse-location information is provided to a law enforcement 14 agency. 15 The bill provides the procedure for obtaining additional 16 identifying information. A law enforcement agency seeking 17 a warrant may submit a request, and the court may grant 18 permission, to delay service of the notice required not 19 to exceed 30 days if the court determines that there is 20 reasonable cause to believe that the notification may do any 21 of the following: endanger the life or physical safety of 22 an individual, cause a person to flee from prosecution, lead 23 to the destruction of or tampering with evidence, intimidate 24 a potential witness, or otherwise seriously jeopardize an 25 investigation or unduly delay a trial. 26 The bill provides that reverse-location information or 27 identifying information obtained in violation of the provisions 28 of the bill is subject to the rules governing exclusion of 29 evidence as if the records were obtained in violation of the 30 fourth amendment to the Constitution of the United States and 31 Article I, section 8, of the Constitution of the State of Iowa. 32 Beginning January 1, 2027, a law enforcement agency or any 33 government entity that obtained a reverse-location warrant 34 shall annually, on or before April 30, submit a report to the 35 -10- LSB 6911HV (1) 91 as/js 10/ 11