Bill to declare cloud‑stored digital assets personally owned draws technical and legal testimony

CONCORD, N.H. — Lawmakers considered HB 14 36, a proposal to recognize personal ownership of digital assets stored with third‑party providers and to require warrants for government access.

Representative James Spillane told the committee the bill would update the law for modern data storage by treating unpublished personal digital files as a bailment, preserving owners’ privacy expectations even when content is stored in the cloud. He cited recent Supreme Court decisions (Riley and Carpenter) as indicating courts are adapting Fourth Amendment doctrine to digital realities.

Witnesses described real‑world impacts. Jim Hopper recounted a 2013–2015 IRS John‑Doe summons for Coinbase transaction records that produced notice letters to many users; he said the seizure exposed him to safety risks and illustrated how contract promises and privacy expectations can be overridden. He and other witnesses urged the committee to adopt a property‑based presumption so residents can argue Fourth Amendment protections more clearly in state courts.

Business groups and Registry of Deeds officials expressed concerns and requested narrow exemptions for public records. Trade groups also asked for clarity in definitions ("unpublished personal information") and how this would interact with existing state consumer‑privacy law (RSA 507) and federal supremacy.

The committee recessed without a vote and asked for drafting clarifications, definitions, and consideration of choice‑of‑law issues where data are stored across jurisdictions.