77-22-2.5 - Administrative subpoenas for criminal investigations for records concerning an electronic communications system or service or remote computing service -- Content -- Fee for providing infor
77-22-2.5. Administrative subpoenas for criminal investigations for recordsconcerning an electronic communications system or service or remote computing service --Content -- Fee for providing information.
(1) As used in this section:
(a) (i) "Electronic communication" means any transfer of signs, signals, writing, images,sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio,electromagnetic, photoelectronic, or photooptical system.
(ii) "Electronic communication" does not include:
(A) any wire or oral communication;
(B) any communication made through a tone-only paging device;
(C) any communication from a tracking device; or
(D) electronic funds transfer information stored by a financial institution in acommunications system used for the electronic storage and transfer of funds.
(b) "Electronic communications service" means any service which provides for users theability to send or receive wire or electronic communications.
(c) "Electronic communications system" means any wire, radio, electromagnetic,photooptical, or photoelectronic facilities for the transmission of wire or electroniccommunications, and any computer facilities or related electronic equipment for the electronicstorage of the communication.
(d) "Internet service provider" has the same definition as in Section 76-10-1230.
(e) "Prosecutor" has the same definition as in Section 77-22-2.
(f) "Sexual offense against a minor" means:
(i) sexual exploitation of a minor as defined in Section 76-5a-3 or attempted sexualexploitation of a minor;
(ii) a sexual offense or attempted sexual offense committed against a minor in violationof Title 76, Chapter 5, Part 4, Sexual Offenses; or
(iii) dealing in or attempting to deal in material harmful to a minor in violation of Section76-10-1206.
(g) "Remote computing service" means the provision to the public of computer storage orprocessing services by means of an electronic communications system.
(2) When a law enforcement agency is investigating a sexual offense against a minor, anoffense of stalking under Section 76-5-106.5, or an offense of child kidnapping under Section76-5-301.1, and has reasonable suspicion that an electronic communications system or service orremote computing service has been used in the commission of a criminal offense, the prosecutormay issue an administrative subpoena, consistent with 18 U.S.C. 2703 and 18 U.S.C. 2702, to theelectronic communications system or service or remote computing service provider that owns orcontrols the Internet protocol address, websites, email address, or service to a specific telephonenumber, requiring the production of the following information, if available, upon providing in thesubpoena the Internet protocol address, email address, telephone number, or other identifier, andthe dates and times the address, telephone number, or other identifier was suspected of beingused in the commission of the offense:
(a) names;
(b) addresses;
(c) local and long distance telephone connections;
(d) records of session times and durations;
(e) length of service, including the start date and types of service utilized;
(f) telephone or other instrument subscriber numbers or other subscriber identifiers,including any temporarily assigned network address; and
(g) means and sources of payment for the service, including any credit card or bankaccount numbers.
(3) A subpoena issued under this section shall state that the electronic communicationssystem or service or remote computing service provider shall produce any records underSubsections (2)(a) through (g) that are reasonably relevant to the investigation of the suspectedcriminal activity or offense as described in the subpoena.
(4) (a) An electronic communications system or service or remote computing serviceprovider that provides information in response to a subpoena issued under this section maycharge a fee, not to exceed the actual cost, for providing the information.
(b) The law enforcement agency conducting the investigation shall pay the fee.
(5) The electronic communications system or service or remote computing serviceprovider served with or responding to the subpoena may not disclose the subpoena to the accountholder identified pursuant to the subpoena.
(6) If the electronic communications system or service or remote computing serviceprovider served with the subpoena does not own or control the Internet protocol address,websites, or email address, or provide service for the telephone number that is the subject of thesubpoena, the provider shall:
(a) notify the investigating law enforcement agency that it does not have the information;and
(b) provide to the investigating law enforcement agency any information the providerknows, through reasonable effort, that it has regarding how to locate the Internet service providerthat does own or control the Internet protocol address, websites, or email address, or provideservice for the telephone number.
(7) There is no cause of action against any provider or wire or electronic communicationservice, or its officers, employees, agents, or other specified persons, for providing information,facilities, or assistance in accordance with the terms of the administrative subpoena issued underthis section or statutory authorization.
(8) (a) An administrative subpoena issued under this section is subject to the provisionsof Title 77, Chapter 23b, Access to Electronic Communications.
(b) Rights and remedies for providers and subscribers under Title 77, Chapter 23b,Access to Electronic Communications, apply to providers and subscribers subject to anadministrative subpoena issued under this section.
(9) Every prosecutorial agency shall annually on or before June 30 report to theCommission on Criminal and Juvenile Justice the number of administrative subpoenas issued bythe agency during the previous calendar year.
(10) State and local prosecutorial and law enforcement agencies shall annually on orbefore June 30 report to the Commission on Criminal and Juvenile Justice the number ofadministrative subpoenas the agency requested that any federal law enforcement agency issueduring the prior calendar year.
Amended by Chapter 371, 2010 General Session