peterm@sumax.seattleu.edu (Peter Marshall) (02/05/91)
A bill recently introduced in the WA State Legislature, ostensibly dealing with use of pen registers and trap-and-trace devices, but intended to void a key State Supreme Court decision that is an important component of current communications privacy protection in Washington State, is otherwise disturbing given its apparent application to what the bill defines as "electronic communications." Essentially, SB5126 and HB1351, its House companion, would broaden the use of these devices with only minimal standards and minimal, if any, consent required. These devices basically track and record the transaction-generated information related to communications; the pen register re: outgoing calls initiated and trap-and-trace devices re: incoming calls. These bills define "electronic communication service" as "a service that provides to its users the ability to send or receive wire or electronic communications;" and "electronic communications system" as "a ... facility for the transmission of electronic communications, and computer facilities or related electronic equipment for the electronic storage of such communications." The Senate version of the bill appears headed for the Senate Floor after coming out of the Senate Law & Justice Committee. The House version has its first hearing this week. The bill's Senate sponsor, Senator Gary Nelson, has been a longtime US West employee, and is a Republican. Peter Marshall