Amendment 9: Missourians to consider adding electronic privacy to state constitution

Missourians will address the question of electronic privacy on the Aug. 5 ballot.

Amendment 9 would change the state constitution to add privacy protections for Missourians’ electronic data and communications, requiring police to get a warrant to search or seize cellphones, emails or other electronic data.

Although some wonder whether the amendment is even necessary, the sponsors have little doubt.

“This amendment is a simple and eloquent way to bring our constitution up to speed with technology,” said Sen. Rob Schaaf, a St. Joseph Republican. “I suspect Missourians will overwhelmingly support it.”

About 80 percent of the House and 96 percent of the Senate voted in favor of the proposed amendment. Some lawmakers who voted against it cited vague wording and an impediment to prosecuting cyber crimes.

“Some concerns have been raised over the unintended consequences this amendment might have, especially the possibility of making it more difficult for law enforcement to pursue cyber crimes, such as sex trafficking and child pornography.” said Sen. Maria Chappelle-Nadal of University City, a Democrat and the only no vote in the Senate.

David Oliver, a partner at Berkowitz Oliver law firm in Kansas City, which deals with privacy cases, said a recent Supreme Court opinion may lessen the effect the amendment would have.

In a unanimous Supreme Court decision last month, justices ruled that police generally must first get a warrant before searching the cellphones of people they arrest.

The Supreme Court decision was a step in the right direction, but Missouri lawmakers still need to make a clear statement that 21st-century communication falls under privacy protection, said Jeffrey Mittman, executive director of the American Civil Liberties Union of Missouri.

“As technology has progressed rapidly, our law has fallen behind,” Mittman said. “Our leaders need to act on our behalf to establish law.”

This story was originally published July 26, 2014 at 1:00 AM with the headline "Amendment 9: Missourians to consider adding electronic privacy to state constitution."