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This document includes House Committee Amendments incorporated into the bill on Tue, Feb 23, 2010 at 2:13 PM by lerror. --> 1
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 H. [
24 believes H. [
24a harassment .H may have been committed.
25 Monies Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 77-22-2.5, as enacted by Laws of Utah 2009, Chapter 28
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.
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 [
66 criminal activity and has reasonable suspicion that an [
67 communications system or service or remote computing service has been
67a H. [
68 used in the commission of [
68a stalking under Section 76-5-106.5 or electronic communication harassment under
68b Section 76-9-201 .H , the prosecutor may issue an administrative
69 subpoena, consistent with 18 U.S.C. 2703 and 18 U.S.C. 2702, to the [
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 [
86 electronic communications system or service or remote computing service provider shall
87 produce any records under H. [
87a are reasonably relevant to the investigation of
88 the suspected [
88a H. , or the offense of stalking under Section 76-5-106.5 or electronic communication
88b harassment under Section 76-9-201, .H as described in the
90 (4) (a) An [
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 [
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 [
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
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
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