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Committee modernizes administrative‑subpoena authority to include social platforms in child‑exploitation probes

2360414 · February 20, 2025
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Summary

Senate Bill 169 would expand administrative‑subpoena authority in investigations of online child exploitation to cover social networking companies, mobile payment services and cloud storage services, lawmakers heard.

The Judiciary Committee voted to report Senate Bill 169 favorably after testimony from the attorney general's office and a law‑enforcement director describing changes in online platforms used in child‑exploitation investigations.

Senator Danny Carroll introduced SB 169 and the attorney general's office and the special victims unit said the bill modernizes an administrative‑subpoena tool first granted in 2009 and expanded in 2013 to allow targeted requests to Internet providers during investigations where there is reasonable cause to believe an account was used in exploitation or attempted exploitation of children.

Will Schroeder, senior counsel for Attorney General Russell Coleman, told the committee: "This bill simply adds to the platform types where children are being exploited online to specifically include social networking companies, mobile payment services, or cloud storage services to the list." He said the change is intended to keep investigative tools aligned with the services predators now use to contact children.

Matt Head (transcribed as Matt Hedden earlier), director of the attorney general's special victims unit, said the attorney general's office received "over a hundred cyber tips" last year and Kentucky State Police received "just over a thousand." He described the investigative process: tips are routed by the National Center for Missing and Exploited Children (NCMEC) through the Internet Crimes Against Children (ICAC) task‑force network, and investigators often have only a username to start. Administrative subpoenas, Head said, help resolve a username to an account holder using account metadata such as IP addresses and billing information.

Schroeder and Head emphasized that administrative subpoenas in these cases seek identifying account‑holder information (for example: email address, username, IP address, account holder name, billing address or telephone number) and do not, by themselves, authorize content searches; they compared the subpoenas to a license‑plate check that identifies a vehicle owner rather than a search of the vehicle.

A senator asked about the statutory standard: the term "reasonable cause" appears in the existing statute (from the 2009 enactment) and was discussed during the hearing. Senior counsel explained the term predates this bill and that, with corroborating evidence such as an IP address tied to a tip, investigators often reach probable‑cause thresholds for further warrants when appropriate.

The committee accepted a motion to report SB 169 favorably; senators recorded aye votes from the sponsor and a majority of the committee on the roll call recorded in the transcript. The committee did not expand the tool to local law enforcement agencies beyond existing procedures; the sponsor noted local agencies may pursue traditional subpoenas through prosecutors.

SB 169 was reported favorably and will proceed in the legislative process; the committee record did not include subsequent floor action.