Proposed constitutional amendment will protect Montanan’s privacy in the digital age – Sidney Herald Leader

HELENA Senator Ken Bogner, R-Miles City, today introduced a bill that would submit a constitutional amendment to the voters of Montana to protect the privacy of their electronic data and communications.

Article II, Section 11 of the Montana State Constitution already protects Montanans persons, papers, homes, and effects from unreasonable searches and seizures, similar to the Fourth Amendment protections of the U.S. Constitution.

Senate Bill 203 would add Montanans electronic data and communications to that list of places and items that cannot be searched or seized by the government without a warrant based on probable cause.

Senate Bill 203 is about updating Montanas Constitution to reflect life in the 21st Century and make it explicitly clear that our digital information is protected from unreasonable government searches and seizures, Bogner said. Today, so much of our private livesfinancial information, communication with family and friends, medical information, and much, much moreis contained on and transferred electronically among many devices and computer systems. The government should need a warrant before accessing or gathering Montanans electronic data or communications.

I am proud to watch Montana continue to expand the privacy rights of our citizens. Our nations leaders in Washington, D.C., could learn a lesson or two from the Montana Legislature on how to work across the aisle and stand up to unchecked government surveillance, said former state Rep. Daniel Zolnikov, who became known for his work on protect digital privacy during his time in the Legislature. Montana continues to find a better balance between using our digital technologies and protecting our Fourth Amendment rights.

Montanans are overwhelmingly concerned about the privacy of their personal information and they want more protections from mass government surveillance. Lawmakers ought to listen to them, said Kendall Cotton, President and CEO of the Frontier Institute, a Montana-based think tank. Updating Montanas Constitution with expanded privacy protections will send a strong message that state government is making our rights a priority.

Digital devices are the modern equivalent of your home and should be treated with the same respect. Digital rights are just as important as physical rights; we just need to update the law to account for this, said Eric Fulton, a fellow with the Frontier of Privacy initiative by the Frontier Institute. Tech companies are exploiting everyday citizens because the Founders didnt foresee the digital era. Its time to update the law to match their intent. The Montana Constitution protects your privacy in your home. It should protect your digital home as well.

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Proposed constitutional amendment will protect Montanan's privacy in the digital age - Sidney Herald Leader

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