77-23b-6 - Notifying subscriber or customer of court order -- Requested delay -- Grounds -- Limits.
77-23b-6. Notifying subscriber or customer of court order -- Requested delay --Grounds -- Limits.
(1) (a) The governmental entity acting under Subsection 77-23b-4(2) may:
(i) if a court order is sought, include in the application a request for an order delaying thenotification requirement under Subsection 77-23b-4(2) for not to exceed 90 days and, if the courtdetermines there is reason to believe that notification of existence of the court order may have anadverse result under Subsection (1)(b), the court shall grant the order; or
(ii) if an administrative subpoena authorized by a state or federal statute or a state orfederal grand jury subpoena is obtained, delay the notification required under Subsection77-23b-4(2) for not to exceed 90 days, upon the execution of a written certification of asupervisory official that there is reason to believe that the notification of the existence of thesubpoena may have an adverse result under Subsection (1)(b).
(b) An adverse result under Subsection (1)(a) is:
(i) endangering the life or physical safety of an individual;
(ii) flight from prosecution;
(iii) destruction of or tampering with evidence;
(iv) intimidation of potential witnesses; or
(v) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
(c) The governmental entity shall maintain a true copy of certification under Subsection(1)(a)(ii).
(d) Extensions of the delay of notification under Section 77-23b-4 of up to 90 days each,may be granted by the court upon application, or by certification by a governmental entity, butonly in accordance with Subsection (2).
(e) On expiration of the period of delay of notification under Subsection (1)(a) or (d), thegovernmental entity shall serve upon, or deliver by registered or first class mail, to the customeror subscriber a copy of the process or request together with a notice:
(i) stating with reasonable specificity the nature of the law enforcement inquiry; and
(ii) informing the customer or subscriber:
(A) that information maintained for the customer or subscriber by the service providernamed in the process or request was supplied to or requested by that governmental authority andthe date the supplying or request took place;
(B) that notification of the customer or subscriber was delayed;
(C) which governmental entity or court made the certification or determination pursuantto which that delay was made; and
(D) which provision of this chapter allows the delay.
(f) As used in this subsection, "supervisory official" means the investigative agent incharge or assistant investigative agent in charge or an equivalent of an investigative agency'sheadquarters or regional office; a county sheriff or chief deputy sheriff, or police chief orassistant police chief; the officer in charge of an investigative task force or the assistant officer incharge; or the attorney general, an assistant attorney general, a county attorney or districtattorney, a deputy county attorney or deputy district attorney, or the chief prosecuting attorney ofany political subdivision of the state.
(2) A governmental entity acting under Section 77-23b-4, when not required to notify thesubscriber or customer under Subsection 77-23b-4(2)(a), or to the extent that it may delay noticeunder Subsection (1), may apply to a court for an order commanding the provider of electronic
communications service or remote computing service to whom a warrant, subpoena, or courtorder is directed, for a period of time the court considers appropriate, to not notify any otherperson of the existence of the warrant, subpoena, or court order. The court shall enter the order ifit determines that there is reason to believe that notification of the existence of the warrant,subpoena, or court order will result in:
(a) endangering the life or physical safety of an individual;
(b) flight from prosecution;
(c) destruction of or tampering with evidence;
(d) intimidation of potential witnesses; or
(e) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
Amended by Chapter 38, 1993 General Session