Oregon lawmakers are wading into the debate on the balance between personal privacy and public safety. Advocates on both sides weighed in on the issue before an Oregon Senate panel Thursday.
A slate of potential bills would limit the way law enforcement can access digital data such as that found on a cell phone or computer. Portland criminal defense attorney Bronson James says many of the existing laws that protect against police searches were written in the pre-digital era when most documents were on actual pieces of paper.
James says nowadays, if you searched his smart phone, “you’re going to find my health records, my financial records, my client records for the clients that I represent. You're going to find my emails. You're going to find all of the photos I take of my child. That phone has become the portal into where we contain our privacy."
Prosecutors told lawmakers that some restrictions on warrantless data searches are appropriate. But they urged the panel not to unreasonably tie the hands of law enforcement. Both sides say the proposed legislation will need additional work before coming to a possible vote next year.
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