An act TO CREATE THE ARKANSAS FOURTH AMENDMENT 10 PROTECTION ACT, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas              A Bill
2 95th General Assembly

3 Regular Session, 2025                                           HOUSE BILL 1883

4

5 By: Representative Long

6

7

8                              For An Act To Be Entitled

9   AN ACT TO CREATE THE ARKANSAS FOURTH AMENDMENT

10  PROTECTION ACT; TO AMEND THE LAW CONCERNING THE

11  COLLECTION OF ELECTRONIC DATA AND METADATA; AND FOR

12  OTHER PURPOSES.

13

14

15                               Subtitle

16                       TO CREATE THE ARKANSAS FOURTH AMENDMENT

17                       PROTECTION ACT; AND TO AMEND THE LAW

18                       CONCERNING THE COLLECTION OF ELECTRONIC

19                       DATA AND METADATA.

20

21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

22

23  SECTION 1. Arkansas Code Title 25, Chapter 1, is amended to add an

24 additional subchapter to read as follows:

25

26  Subchapter 13 -- Arkansas Fourth Amendment Protection Act

27

28  25-1-1301. Title.

29  This subchapter shall be known and may be cited as the "Arkansas Fourth

30 Amendment Protection Act".

31

32  25-1-1302. Definitions.

33  As used in this subchapter:

34  (1) "Electronic data" means information related to an electronic

35 communication or the use of an electronic communication service, including

36 without limitation:

    *ANS431*                                                   03/20/2025 8:13:32 AM ANS431
                                                                           HB1883

1                     (A) The content, sender, recipient, or format of an

2 electronic communication;

3                     (B) The precise or approximate location of the sender or

4 recipient of an electronic communication at any time during the

5 communication;

6                     (C) The time or date the electronic communication was

7 created, sent, or received; and

8                     (D) The identity of an individual or device involved in

9 the electronic communication, including without limitation an internet

10 protocol address;

11  (2) "Metadata" means information generally not visible when an

12 electronic document is printed describing the history, tracking data, or

13 management of the electronic document, including without limitation:

14                    (A) Information about data in the electronic document that

15 describes how, when, and by whom the data were collected, created, accessed,

16 or modified; and

17                    (B) How the data are formatted; and

18  (3) "State agency" means an instrumentality of state government,

19 including without limitation a board, commission, committee, advisory board,

20 office, department, institution, bureau, council, administrative program,

21 agency, and division.

22

23  25-1-1303. State entities prohibited from assisting federal agencies

24 collecting electronic data or metadata.

25  The state or a state agency shall not assist, participate with, or

26 provide material support or resources to enable a United States Government

27 agency in the collection or use of a person's electronic data or metadata,

28 unless one (1) or more of the following apply:

29  (1) The person has given informed consent; or

30  (2) The collection or use of the electronic data or metadata is:

31                    (A) Pursuant to a warrant that:

32                        (i) Is based upon reasonable cause; and

33                        (ii) Describes with particularity the person, place,

34 or thing to be searched or seized; or

35                    (B) According to a legally recognized exception to the

36 warrant requirement.

                                          2                03/20/2025 8:13:32 AM ANS431