351.609. Records possessed by corporations providing certain services to the public, definitions--applicability of section--records provided under subpoena or warrant--accelerated or extended time for
Records possessed by corporations providing certain services to thepublic, definitions--applicability of section--records providedunder subpoena or warrant--accelerated or extended time forproduction of records--motion to quash--authenticityverified--Missouri corporations--no cause of action, when.
351.609. 1. For the purposes of this section, the following termsshall mean:
(1) "Adverse result", danger to the life or physical safety of anindividual, a flight from prosecution, the destruction of or tampering withevidence, the intimidation of potential witnesses, or serious jeopardy toan investigation or undue delay of a trial that occurs as a result of thenotification of a subpoena or search warrant;
(2) "Electronic communication services" and "remote computingservices", the same meaning as provided by the Electronic CommunicationsPrivacy Act in Chapter 121 (commencing with Section 2701) of Part I ofTitle 18 of the United States Code Annotated, as amended. This sectionshall not apply to corporations that do not provide electroniccommunication services or remote computing services to the general public;
(3) "Foreign corporation", the same meaning as defined in section351.015, and in addition, those corporations organized under the laws ofthe United States government;
(4) "Missouri corporation", any corporation governed by the generaland business corporation law of Missouri under the provisions of thischapter that files its articles of incorporation with the Missourisecretary of state and is issued a certificate of incorporation undersection 351.060, RSMo;
(5) "Properly served", a subpoena or search warrant that has beendelivered by hand, or in a manner reasonably allowing for proof of deliveryby United States mail, overnight delivery service, or facsimile to anyofficer of a foreign corporation or its general manager in this state, orif the corporation is a bank to a cashier or an assistant cashier, or toany natural person designated by the foreign corporation as an agent forthe service of process, or any person named in the latest certificate ofthe corporate agent if the corporation has designated such a corporateagent. A copy of the statement and designation, or a copy of the lateststatement filed and certified by the secretary of state is sufficientevidence of the appointment of an agent for the service of process.
2. The provisions of this section shall apply to any subpoena orsearch warrant issued to search for records that are in the actual orconstructive possession of a foreign corporation that provides electroniccommunication services or remote computing services to the general public,where those records would reveal the identity of the customers using theservice, data stored by, or on behalf of, the customer, the customer'susage of those services, the recipient or destination of communicationssent to or from those customers, or the content of those communications.
3. When properly served with a subpoena or search warrant issued by aMissouri court, a foreign corporation shall provide to the peace officer towhom the subpoena or search warrant was issued all records sought under thesubpoena or search warrant within five business days of receipt, includingany records maintained or located outside the state.
4. Where the peace officer to whom a subpoena or search warrant wasissued makes a showing and the issuing judge finds that failure to producerecords within five business days will cause an adverse result, thesubpoena or search warrant may require production of records within lessthan five business days. A court may reasonably extend the time requiredfor production of the records upon finding that the foreign corporation hasshown good cause for that extension and that an extension of time would notcause an adverse result.
5. A foreign corporation seeking to quash the subpoena or searchwarrant shall seek relief from the court that issued the subpoena or searchwarrant within the time required for production of records under thissection. The issuing court shall hear and decide that motion no later thanfive court days after the motion is filed.
6. The foreign corporation shall verify the authenticity of recordsthat it produces by providing a verified affidavit. Such records shall beadmissible as evidence.
7. A Missouri corporation that provides electronic communicationservices or remote computing services to the general public, when servedwith a subpoena or search warrant issued by another state to producerecords that reveal the identity of the customers using those services,data stored by, or on behalf of, the customer, the customer's usage ofthose services, the recipient or destination of communications sent to orfrom those customers, or the content of those communications, shall producethose records as if the subpoena or search warrant was issued by a court ofthis state.
8. No cause of action shall lie against any foreign corporation orMissouri corporation subject to this section, its officers, employees,agents, or other specified persons for providing records, information,facilities, or assistance in accordance with the terms of a subpoena orsearch warrant subject to this section.
(L. 2006 H.B. 1698, et al.)Effective 6-05-06