Illinois Amends the Freedom From Location Surveillance Act

The latest amendments to the Act provide even more privacy positive aspects. The definition of “electronic device” has been clarified to include any device that enables accessto, or useof an electronic communication servicethat provides the ability to send orreceive wire or electronic communications, including wireless communications connecting the device to a telephone network. [Emphasis mine]  Also, “location information” now includes information concerning the location of an electronic device generated by or derived from the possession of the device (rather than onlyoperation of the device). The amendments also remove time-based limits on some law enforcement searches.  No location information – rather than current or future location information – may be obtained without first obtaining a court order based on probable cause. Provides that the Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid court order or search warrant (removing prior subpoena requirement). The changes are effective immediately.

The Illinois Freedom From Location Surveillance Act (725 ILCS 168/) can be found here.