CRC: Proposal 2 Adds Constitutional Protections to Electronic Data and Communications

The following was published by the non-partisan Citizens Research Council of Michigan on October 1, 2020. You can view the original article here: https://crcmich.org/publications/statewide-ballot-proposal-20-2-protection-of-electronic-data-and-communications

Statewide Ballot Proposal 20-2: Protection of Electronic Data and Communications

Proposal 2 is an amendment to the Michigan Constitution that would add electronic data and electronic communications to the existing protections against unreasonable government search and seizure.

If Proposal 2 is Adopted The Michigan Constitution would provide specific protections to electronic data and communications. Law enforcement would be required to obtain warrants to access information stored in these formats.

If Proposal 2 is Rejected Law enforcement would continue the current practice of seeking warrants to access electronic data and communications based on interpretation of the “Searches and Seizures” provision of the Michigan Constitution and the Bill of Rights in the U.S. Constitution.

Major Issues to Consider Article I of the Michigan Constitution contains many of the personal protections found in the Bill of Rights in the U.S. Constitution. While neither constitution explicitly protects electronic data and communications, Michigan law enforcement agencies mostly treat this information the same as the protections for “persons, houses, papers, and effects/possessions” found in the U.S. and state constitutions. Proposal 2 attempts to remove any ambiguity.

You can view the full memorandum from the Citizens Research Council of Michigan here.