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Subcommittee approves bill letting state attorneys issue administrative subpoenas to ISPs in criminal probes
Summary
The House Judiciary Subcommittee favorably reported H.3460, which would let the state attorney general, circuit solicitors and SLED issue administrative subpoenas to internet service providers for subscriber and transactional data deemed relevant to ongoing criminal investigations; the measure passed the panel by unanimous roll call.
The House Judiciary Subcommittee on Wednesday favorably reported House Bill H.3460 to give the attorney general, circuit solicitors and the State Law Enforcement Division authority to issue administrative subpoenas to internet service providers for subscriber and transactional records relevant to ongoing criminal investigations.
Supporters said the change is intended to speed investigations into online child exploitation by removing delays created when state prosecutors must rely on the U.S. Attorney's Office to issue similar subpoenas. Mr. Matt Gates, a representative of the attorney general's office, told the committee that state investigators receive “cyber tips” from the National Center for Missing and Exploited Children that identify IP addresses linked to suspected child exploitation; those tips often require the name and street address associated with an IP address. “If our state investigators could go to our state attorney general and have these administrative subpoenas signed and issued, we could catch child predators faster,” Gates said.
The bill's text, as described to the subcommittee, would permit issuance only after a showing that requested materials are relevant to an ongoing criminal investigation. If relevance is established and a subpoena is issued, authorized personnel may obtain access to stored wired, digital or electronic communications, transactional records and subscriber information associated with a user who is a suspect in the investigation. The chair clarified that the measure does not allow access to information “that's not already available to them,” and supporters emphasized that the statute would not replace search-warrant or court-order standards required to obtain content that requires probable cause.
Representative Wooten, the bill sponsor, said H.3460 mirrors a Senate measure (S.954) considered last year and that similar statutory approaches exist in other states. The committee record shows proponents argued the current practice — in which state authorities must coordinate with the U.S. Attorney's Office — can cause administrative delays “ranging from weeks to months,” potentially hindering the discovery of devices or evidence.
A roll-call vote was ordered. Representative Travis Moore (chair) voted aye, as did Representatives Govan, McCabe, Spann Wilder and Wickenheimer. The subcommittee recorded the outcome as a favorable report on H.3460.
The measure will move to the next committee or floor step required by House rules.
Votes at a glance: H.3460 — favorable report (Subcommittee roll call: Moore Aye; Govan Aye; McCabe Aye; Spann Wilder Aye; Wickenheimer Aye).
