By Michael Maharrey

Earlier this week, a bill that bans the use of “stingrays” to track the location of phones and sweep up electronic communications without a warrant in most situations became law without the governor’s signature. The new statute not only protects privacy in New Hampshire, but will also hinder one aspect of the federal surveillance state.

A bipartisan coalition of representatives introduced House Bill 474 (HB474) earlier this year. The legislation will help block the use of cell site simulators, known as “stingrays.” These devices essentially spoof cell phone towers, tricking any device within range into connecting to the stingray instead of the tower, allowing law enforcement to sweep up communications content, as well as locate and track the person in possession of a specific phone or other electronic device.

HB474 prohibits warrantless use of stingrays both for location tracking and gathering data or information from a phone. The law does allow warrantless use of a stingray under a judicially-recognized exception to the warrant requirement.

The bill also includes provisions requiring police to limit collection of data or metadata to the person named in the warrant, and to immediately, permanently delete any information gathered on anyone not so-named. Police will also have to delete any data or meta-data relating to the person named in the court order within 30 days if there is no longer reason to believe the information is evidence of a crime.

On May 18, the Senate passed HB474 with a technical amendment on a voice vote. The House previously approved the measure in March. After the House concurred with the Senate amendment, it went to Gov. Chris Sununu’s desk for his consideration. Since he did not act on the legislation, it became law without his signature on July 11. It will go into effect next year.

IMPACT ON FEDERAL SURVEILLANCE PROGRAMS