Constitutional Amendment No. 48 - Electronic Data Search and Seizure Protections Amendment

Summary

An Act submitting to the qualified electors of Montana an Amendment to Article II, section 11, of the Montana Constitution to explicitly include electronic data and communications in search and seizure protections.

A "yes" vote favors adopting C-48, a constitutional amendment to amend Article II, section 11 of the Montana Constitution to specifically protect electronic data and communications from unreasonable search and seizures.

A "no" vote opposes adopting C-48, a constitutional amendment to amend Article II, section 11 of the Montana Constitution to specifically protect electronic data and communications from unreasonable search and seizures.

Arguments

"This amendment is about updating Montana's 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. Today, so much of our private lives—financial information, communication with family and friends, medical information, and much, much more—is 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." - State Sen. Ken Bogner, in support of Constitutional Amendment No. 48 (Learn more)

"I'm just not hearing about a circumstance in which there was a piece of litigation that people could point to and say, 'See, here is a really bad outcome, here is a situation where a search occurred that was deemed to be constitutional given the terms of the Montana constitution that didn't adequately the electronic privacy interests of the person that was the subject of the search.'" - State Rep. Bill Mercer, former U.S. Attorney for Montana, in opposition to Constitutional Amendment No. 48 (Learn more)

Measure Details