I first heard about the new Wyoming law #SF0012 through the Slate article summarizing it as a criminalization of citizen science. There’s a real danger that it could be interpreted and implemented that way, but let’s try and give Wyoming the benefit of the doubt for a minute. The text of the law only requires that scientists (citizen or otherwise) acquire written or verbal permission from landowners for collecting data on their land. It goes on to define what “data” means, including photographs in a fairly wide definition, and “collecting” as taking data with the intention of turning it over to a state or federal agency. It also defines trespassing and outlines the consequences for those who fail to receive permission. In short: the data collector could go to jail and their data will not be admissible in legal or policy proceedings.
At the core, the law re-hashes a fairly common definition of trespassing. The key part of the law that’s new is that the data won’t be admissible in court and the act of turning them over to federal or state agencies will make you an outlaw. Part of me thinks that data collectors, including citizen science groups, should be asking permission to go on someone’s land. This is both to keep ethics at the forefront of our scientific endeavors and for the personal safety of scientists (ranchers are known to carry shotguns, after all).