The bill is simple, really, and would add two lines to the legal code regarding obstruction of justice charges; they are as follows (amendment in bold):

An actor commits obstruction of justice if the actor, with intent to hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any person regarding conduct that constitutes a criminal offense:…warns any person of an order authorizing the interception of wire communications or of a pending application of an order authorizing the interception of wire communications.

Did you all catch that second part? You are guilty of obstruction of justice when you inform someone that the courts may want to tap your phone – not actually tapped your phone, mind you, just that someone is considering snooping in on you.

Now don’t get me wrong, I think that wiretaps (when used properly) are important to catching criminals. The state should be able to access these communications when it is reasonable to assume that there is a criminal act and when it has gone through the proper channels. And I see the value in not having someone told their phones are tapped – if you do do that, yes, you are obstructing justice. But to be found guilty of a crime because of telling someone of a “pending application?” This is over the top.

Suppose, in theory, that the state has asked for a warrant to tap my phones – you, catching wind of this and thinking that I am too pretty to go to jail, inform me of what is going on. I, naturally being innocent, don’t have much to worry about but, none the less, mind my P’s and Q’s. The state, having discovered their error, promptly drop the investigation and send me on my way. Ah, but you “snitched” according to this law and, therefore are guilty of a crime – even though I was innocent.

This seems to close to a sort of “thought-crime” wherein you are punished for actions that may take place. I hope there is an amendment to change that part of the bill an ensure that our rights are protected.