HB 1436 · 2026 · House · Judiciary Committee
Property rights in digital and cloud data
AI-generatedrelative to the classification and protection of personal digital information and cloud-stored files.
Establishes property rights in personal digital information and cloud-stored files, creates a legal presumption of bailment for unpublished content, and requires a warrant for government access absent other legal authorization.AI-generated
Status
Died on the table in the House · February 5, 2026- ✓Introduced
- ✕House
- Senate
- Governor
- Law
Analysis
This bill: I. Establishes property rights in personal digital information, including data stored on cloud servers. II. Creates a legal presumption of bailment for unpublished content. III. Affirms that digital records are protected from unreasonable government searches or seizures, requiring a warrant unless otherwise authorized by law. IV. Distinguishes private unpublished data from public information for property and privacy purposes.
From the bill's official ANALYSIS section.
In the bill's words
Quoted verbatim from the bill as introduced. Passages chosen from the operative text.Computed by this site
“For purposes of article 19 of the New Hampshire constitution, the Fourth Amendment to the United States Constitution, and RSA 595-A, a digital document or record, whether stored locally on a device or in a cloud server subject to contractual protections against disclosure, shall be presumed the person's “papers” or “effects,” and is protected from unreasonable search or seizure.”
“No government entity shall access, search, or seize the contents of such documents or records except pursuant to a warrant issued upon probable cause by a court of competent jurisdiction, or as otherwise specifically authorized by law.”
Official record
gc.nh.gov · the authoritative source
Sponsors
- Rep. Brian ColeRVice Chair· Housing
- Rep. JD BernardyRClerk· Science, Technology and Energy
- Rep. Keith AmmonRMajority Floor Leader
- Rep. Michael MoffettRChair· State-Federal Relations and Veterans Affairs
- Rep. Terry RoyRChair· Criminal Justice and Public Safety
- Rep. Jeanine NotterRAssistant Majority Leader
Also: Rep. Daniel Popovici-MullerR, Rep. Steven KesselringR, Rep. Travis CorcoranR
Public testimony
7 signed in online · 2 wrote testimony
57% support43% oppose0% neutral
In their wordsVerbatim, exactly as submitted
“We definitely need this legal protection. Now if we only had violation detection, enforcement, and punishment.”
“Affirmative Testimony on HB 1436 HB 1436 aims to establish crucial protections for personal digital information and cloud-stored files, recognizing the need for individuals to maintain ownership and rights over their own data in a rapidly evolving digital landscape.…”
Verbatim excerpts of submitted testimony, quoted from the testimony tool.
Read the testimony · as of Aug 12, 2026
Votes
yeanay- Jan 21, 2026HouseCommittee report· consent calendar: Inexpedient to Legislate11–3Overall79% yea
- Feb 5, 2026HouseDivisionLay HB1436 on Table (Rep. Spillane)Adopted284–47Overall86% yea
Hearings and debates
- Jan 14, 2026Public hearingHouse Judiciary3:25:55–4:00:1234m 17slocated in the stream transcriptPublic Hearing; Executive Session
- Feb 5, 2026Floor debateHouse floor6:14:42–6:19:214m 39slocated in the stream transcriptLay HB1436 on Table (Rep. Spillane) — adopted, division 284-47
Timestamps locate where this bill is taken up in the chamber's YouTube stream.
Legislative history
- Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Judiciary HJ 1 P. 20
- Jan 14, 2026HousePublic Hearing: 01/14/2026 01:00 pm GP 230
- Jan 14, 2026HouseExecutive Session: 01/14/2026 01:00 pm GP 230
- Jan 21, 2026House: Inexpedient to Legislate 01/21/2026 (Vote 11-3; CC) HC 5 P. 8
- Feb 3, 2026HouseRemoved from Consent (Reps. Spillane, Sabourin dit Choiniere, J. Smith, Tom Mannion, Sellers, Harrington, See, D. McGuire, Love, Polozov) 02/03/2026 HJ 3 P. 6
- Feb 5, 2026HouseLay HB1436 on Table (Rep. Spillane): MA DV 284-47 02/05/2026 HJ 3 P. 62
Coverage
No reporting linked yet.
Documents (PDF)
Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.