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Judiciary committee OKs bill letting state courts order electronic records under federal Stored Communications Act procedures
Summary
A bill would authorize state law enforcement, solicitors and the attorney general to obtain stored electronic records and subscriber information under the procedures and protections of the federal Stored Communications Act through state courts and subpoenas.
The Senate Judiciary Committee advanced a bill that would let law enforcement officers, circuit solicitors and the attorney general seek electronic records and subscriber information in state court under procedures modeled on the federal Stored Communications Act.
Committee staff explained the measure would permit state prosecutors and law enforcement to ask a state court for orders and search warrants requiring disclosure of stored electronic records and subscriber information, rather than routing such requests through federal courts and the U.S. attorney’s office. The bill would also authorize use of subpoenas for stored records if a showing is made that the material is relevant to an ongoing criminal investigation.
The measure provides contempt-of-court penalties for intentional violations of the statute but includes a good-faith immunity for electronic communication providers that produce information in response to a warrant, court order or subpoena, staff said. Committee staff said the bill was S 954 during the prior legislative session and had passed the Senate unanimously 44–0.
Senators raised no substantive questions during the committee's brief discussion. The subcommittee moved the bill forward and the committee voted for a favorable report by voice vote with no opposition, according to the transcript.
The bill will proceed to the full Senate for further consideration.
