The Fourth Amendment defends American citizens from unreasonable searches and seizures. And yet, the data of Granite Staters is fair game for warrantless government surveillance.
Recently, the United States Supreme Court recognized in Carpenter v. U.S. that digital data being passed through and held by a third party does not diminish an individual’s expectation of privacy. The ruling pertained only to cell phone location information, but the logic applies to any digital communication.
House Bill 1236 is the logical and necessary next step to protecting a reasonable expectation of privacy. New Hampshire has a history of asserting our right to privacy.
In 2018, Granite Staters approved a constitutional amendment with 81% percent approval that adds a right to privacy to the state constitution. This bill gives us a chance to apply this principle the majority believe in.