77-23b-4 - Disclosure by a provider -- Grounds for requiring disclosure -- Court order.
77-23b-4. Disclosure by a provider -- Grounds for requiring disclosure -- Courtorder.
(1) (a) A government entity may only require the disclosure by a provider of electroniccommunication services of the contents of an electronic communication that is in electronicstorage in an electronic communication system for 180 days or less pursuant to a warrant issuedunder the Utah Rules of Criminal Procedure or an equivalent federal warrant.
(b) A governmental entity may require the disclosure, by a provider of electroniccommunication systems, of the contents of an electronic communication that has been inelectronic storage in an electronic communication system for more than 180 days underSubsection (2).
(2) (a) A governmental entity may require a provider of remote computing services todisclose the contents of any electronic communications to which Subsection (2)(a) is madeapplicable by Subsection (2)(b):
(i) without required notice to the subscriber or customer, if the governmental entityobtains a warrant issued under the Utah Rules of Criminal Procedure or an equivalent federalwarrant; or
(ii) with prior notice from the governmental agency to the subscriber or customer if thegovernmental entity:
(A) uses an administrative subpoena authorized by a state or federal statute or a state orfederal grand jury subpoena; or
(B) obtains a court order for disclosure under Subsection (4), except delayed notice maybe given under Section 77-23b-6.
(b) Subsection (2)(a) applies to any electronic communication that is held or maintainedon that service:
(i) on behalf of and received by means of electronic transmission from or created bymeans of computer processing of communications received by means of electronic transmissionfrom a subscriber or customer of the remote computing service; and
(ii) solely for the purpose of providing storage or computer processing services to thesubscriber or customer, if the provider is not authorized to access the contents of anycommunication for purposes of providing any services other than storage or computerprocessing.
(3) (a) (i) Except under Subsection (3)(a)(ii), a provider of electronic communicationservices or remote computing services may disclose a record or other information pertaining to asubscriber to or customer of the service, not including the contents of communication covered bySubsection (1) or (2), to any person other than a governmental agency.
(ii) A provider of electronic communication services or remote computing services shalldisclose a record or other information pertaining to a subscriber to or customer of the service, notincluding the contents of communication covered by Subsection (1) or (2), to a governmentalentity only when the entity:
(A) uses an administrative subpoena authorized by a state or federal statute or a state orfederal grand jury subpoena;
(B) obtains a warrant issued under the Utah Rules of Criminal Procedure or anequivalent federal warrant;
(C) obtains a court order for the disclosure under Subsection (4); or
(D) has the consent of the subscriber or customer to the disclosure.
(b) A governmental entity receiving records or information under this subsection is notrequired to provide notice to a subscriber or customer.
(4) (a) A court order for disclosure under Subsection (2) or (3) may be issued only if thegovernmental entity shows there is reason to believe the contents of a wire or electroniccommunication, or the records or other information sought, are relevant to a legitimate lawenforcement inquiry.
(b) A court issuing an order under this section, on a motion made promptly by the serviceprovider, may quash or modify the order, if the information or records requested are unusuallyvoluminous in nature or compliance with the order otherwise would cause an undue burden onthe provider.
(5) A cause of action does not lie in any court against any provider of wire or electroniccommunications services, its officers, employees, agents, or other specified persons, forproviding information, facilities, or assistance in accordance with the terms of a court order,warrant, subpoena, or certification under this chapter.
Enacted by Chapter 251, 1988 General Session