Subcommittee approves bill allowing state subpoenas for electronic records under Stored Communications Act procedures

A Senate Judiciary subcommittee approved S.74, a bill that would amend state law to authorize law-enforcement officers, circuit solicitors and the attorney general to require disclosure of electronic records and subscriber information when following the procedures and conditions of the federal Stored Communications Act.

Staff explained the bill would permit state courts of competent jurisdiction to issue orders and search warrants under the Stored Communications Act framework and would allow subpoenas to compel disclosure when material is shown to be relevant to an ongoing criminal investigation. The presenter said the requirement would apply to electronic-communication providers organized under South Carolina law, providers with principal places of business in South Carolina, and foreign entities doing business in the state.

The presenter, representing the attorney general's office, said the same procedures are now often handled through federal processes and that S.74 would give state investigators a faster, state-law route for acquiring subscriber data in child-predator and other investigations. He said providers the office has worked with support the bill because subpoenas provide them legal cover to disclose customer information associated with an IP address.

Senators asked about safeguards against abuse and about enforcement where foreign corporations do not comply. The attorney general's representative said a court order or warrant would still be required to obtain device contents and that contempt of court would be the penalty for intentional violation of a valid subpoena or order; he acknowledged the committee may want to consider adding civil-enforcement mechanisms for difficult-to-reach foreign entities.

The subcommittee moved S.74 and approved it by voice vote. No technical amendments were offered for this bill in the hearing.