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Subcommittee narrows administrative-subpoena authority for electronic communications to Attorney General and ICAC
Summary
The subcommittee voted 4-0 to report favorably on S 74 as amended, restricting administrative-subpoena authority for electronic communications to the Attorney General and limiting use to Internet Crimes Against Children (ICAC) investigations.
The Artificial Intelligence, Cybersecurity and Special Law Subcommittee voted 4-0 to give S 74 a favorable report as amended, adopting language that limits administrative-subpoena authority for electronic communications data to the Attorney General and confines use to investigations by the Internet Crimes Against Children (ICAC) task force.
As introduced, the bill would have allowed the Attorney General, circuit solicitors, and the State Law Enforcement Division (SLED) to issue administrative subpoenas to providers of electronic communication services and remote computing services upon showing that requested materials were relevant to an ongoing criminal investigation. The subcommittee heard that the attorney general’s office sought this authority to speed investigations in ICAC cases; committee testimony said that, under current practice, state prosecutors often must coordinate with U.S. attorneys’ offices, creating delays that can jeopardize evidence recovery.
Matthew Gates of the South Carolina Attorney General’s Office told the subcommittee the bill would be “an incredibly helpful tool for our child predator investigators” and asked for a favorable report pending questions. Members recalled extensive debate on a similar bill last session and raised civil-liberty concerns about broad administrative-subpoena language that could be applied beyond ICAC investigations.
To address those concerns the subcommittee adopted an amendment that removes circuit solicitors and SLED from authority to issue the subpoenas and grants exclusive issuance authority to the Attorney General limited to ICAC-related investigations. The chair summarized the intent as tailoring the statute narrowly to the attorney general’s investigative needs while preserving constitutional safeguards. The amendment mirrors changes the full Judiciary Committee adopted the previous year, according to the chair.
The subcommittee then ordered a roll-call favorable report of S 74 as amended. The roll-call recorded: Representative Travis Moore — Aye; Representative Jerry Govan — Aye; Representative Tiffany Spann Wilder — Aye; Representative Paul Wickenheimer — Aye. The chair announced S 74 received a favorable report as amended by a vote of 4-0.
