H.B. 150

1

ADMINISTRATIVE SUBPOENA AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Bradley M. Daw
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Code of Criminal Procedure regarding the use of administrative
10 subpoenas in the investigation of criminal activity.
11 Highlighted Provisions:
12 This bill:
13 . defines electronic communication, electronic communications services and systems,
14 and remote computing services;
15 . provides that the administrative subpoenas are for the investigation of offenses
16 committed with the use of an electronic communications system or service or
17 remote computing service;
18 . amends the scope of use of these administrative subpoenas to address criminal
19 activity, rather than only sexual offenses against a minor; and
20 . amends the ground for issuing the administrative subpoena, which currently is when
21 the investigating agency has a reasonable suspicion that an electronic
22 communications system or service or a remote computing service has been used in
23 the commission of a criminal offense, to include when the agency reasonably
24 believes the criminal offense may have been committed.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 77-22-2.5, as enacted by Laws of Utah 2009, Chapter 28
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 77-22-2.5 is amended to read:
35 77-22-2.5. Administrative subpoenas for criminal investigations for records
36 concerning an electronic communication system or service or remote computing service --
37 Content -- Fee for providing information.
38 (1) As used in this section:
39 (a) (i) "Electronic communication" means any transfer of signs, signals, writing,
40 images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire,
41 radio, electromagnetic, photoelectronic, or photooptical system.
42 (ii) "Electronic communication" does not include:
43 (A) any wire or oral communication;
44 (B) any communication made through a tone-only paging device;
45 (C) any communication from a tracking device; or
46 (D) electronic funds transfer information stored by a financial institution in a
47 communications system used for the electronic storage and transfer of funds.
48 (b) "Electronic communications service" means any service which provides for users
49 the ability to send or receive wire or electronic communications.
50 (c) "Electronic communications system" means any wire, radio, electromagnetic,
51 photooptical, or photoelectronic facilities for the transmission of wire or electronic
52 communications, and any computer facilities or related electronic equipment for the electronic
53 storage of the communication.
54 [(a)] (d) "Internet service provider" has the same definition as in Section 76-10-1230 .
55 [(b)] (e) "Prosecutor" has the same definition as in Section 77-22-2 .
56 [(c) "Sexual offense against a minor" means:]
57 [(i) sexual exploitation of a minor as defined in Section 76-5a-3 or attempted sexual
58 exploitation of a minor;]

59 [(ii) a sexual offense or attempted sexual offense committed against a minor in
60 violation of Title 76, Chapter 5, Part 4, Sexual Offenses; or]
61 [(iii) dealing in or attempting to deal in material harmful to a minor in violation of
62 Section 76-10-1206 .]
63 (f) "Remote computing service" means the provision to the public of computer storage
64 or processing services by means of an electronic communications system.
65 (2) When a law enforcement agency is investigating [a sexual offense against a minor]
66 criminal activity and has reasonable suspicion that an [Internet protocol address] electronic
67 communications system or service or remote computing service has been or may have been
68 used in the commission of [the] a criminal offense, the prosecutor may issue an administrative
69 subpoena, consistent with 18 U.S.C. 2703 and 18 U.S.C. 2702, to the [Internet service]
70 electronic communications system or service or remote computing service provider that owns
71 or controls the Internet protocol address, websites, email address, or service to a specific
72 telephone number, requiring the production of the following information, if available, upon
73 providing in the subpoena the Internet protocol address, email address, telephone number, or
74 other identifier, and the dates and times the address, telephone number, or other identifier was
75 suspected of being used in the commission of the offense:
76 (a) names;
77 (b) addresses;
78 (c) local and long distance telephone connections;
79 (d) records of session times and durations;
80 (e) length of service, including the start date and types of service utilized;
81 (f) telephone or other instrument subscriber numbers or other subscriber identifiers,
82 including any temporarily assigned network address; and
83 (g) means and sources of payment for the service, including any credit card or bank
84 account numbers.
85 (3) A subpoena issued under this section shall state that the [Internet service]
86 electronic communications system or service or remote computing service provider shall
87 produce any records under Subsection (2) that are reasonably relevant to the investigation of
88 the suspected [sexual offense against a minor] criminal activity or offense as described in the
89 subpoena.

90 (4) (a) An [Internet] electronic communications system or service or remote computing
91 service provider that provides information in response to a subpoena issued under this section
92 may charge a fee, not to exceed the actual cost, for providing the information.
93 (b) The law enforcement agency conducting the investigation shall pay the fee.
94 (5) The [Internet] electronic communications system or service or remote computing
95 service provider served with or responding to the subpoena may not disclose the subpoena to
96 the account holder identified pursuant to the subpoena.
97 (6) If the [Internet] electronic communications system or service or remote computing
98 service provider served with the subpoena does not own or control the Internet protocol
99 address, websites, email address, or provide service for the telephone number that is the subject
100 of the subpoena, the provider shall:
101 (a) notify the investigating law enforcement agency that it does not have the
102 information; and
103 (b) provide to the investigating law enforcement agency any information the provider
104 [may have] knows, through reasonable effort, that it has regarding how to locate the Internet
105 service provider that does own or control the Internet protocol address, websites, email address,
106 or provide service for the telephone number.
107 (7) (a) Every prosecutorial agency that has issued any subpoenas under this section
108 shall prepare a written report each year on or before June 30 listing the number of
109 administrative subpoenas issued.
110 (b) The report shall be submitted to the Utah Commission on Criminal and Juvenile
111 Justice on or before August 31 of the same year.




Legislative Review Note
as of 2-10-10 9:12 AM

Office of Legislative Research and General Counsel