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Can you summarize 13 VTST Chapter 232?
Crimes and Criminal Procedure > VERMONT ELECTRONIC COMMUNICATION PRIVACY ACT
Short Summary
The VERMONT ELECTRONIC COMMUNICATION PRIVACY ACT governs the use and protection of electronic communications in Vermont. It prohibits law enforcement officers from using a device to intercept real-time communication content, location information, etc. from a user’s device, except for locating and apprehending a fugitive with an arrest warrant. However, law enforcement officers can obtain information from an electronic communication service as permitted by law. The Act also clarifies that it does not limit the court’s authority to issue criminal process under any other provision of law. It establishes that criminal process can be served and executed upon any service provider within or outside Vermont, as long as the service provider has sufficient contact with Vermont to support personal jurisdiction. The Act also outlines the procedures for serving a warrant upon a service provider, including alternative methods such as U.S. mail, courier service, electronic mail, etc. The Act further governs the exclusive remedies available to defendants for the suppression of electronic information obtained or retained in violation of the U.S. Constitution, the Vermont Constitution, or the Act itself. Defendants are allowed to move to suppress such information, but they are prohibited from moving to suppress electronic information based on Vermont lacking personal jurisdiction over a service provider or on the violation of privacy rights of individuals other than the defendant. The Act also allows service providers who receive a subpoena issued under the Act to file a motion to quash the subpoena. The court that issued the subpoena will hear and decide the motion. The Act specifies the time period within which a service provider must produce the items listed in a warrant, unless the court orders a shorter period for good cause shown. It also clarifies that the Act does not limit the authority of a law enforcement officer to personally search for and locate items or data on the premises of a Vermont service provider. The Act defines key terms such as ‘adverse result’, ’electronic communication’, ’electronic communication service’, ’electronic device’, ‘government entity’, ’law enforcement officer’, ’lawful user’, ‘protected user information’, ‘service provider’, ‘specific consent’, and ‘subscriber information’. It applies to government entities, law enforcement officers, electronic communication service providers, and lawful users. The Act establishes the rights and expectations of privacy for electronic communications and protects user information. However, specific penalties for non-compliance or violation of the Act are not specified.
Whom does it apply to?
Law enforcement officers
What does it govern?
VERMONT ELECTRONIC COMMUNICATION PRIVACY ACT
What are exemptions?
Law enforcement officers can use a device to intercept communication content, location information, etc. in real time for locating and apprehending a fugitive with an arrest warrant. Law enforcement officers can obtain information from an electronic communication service as otherwise permitted by law.
What are the Penalties?
No specific penalties mentioned.
Jurisdiction
Vermont