[comp.dcom.telecom] Electronic Surveillance Bill in WA; Electronic Communications

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