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Senate bars providers from notifying account holders when law enforcement receives records

3221422 · April 3, 2025
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Summary

Senate Bill 5 35 passed unanimously; the measure delays electronic‑service‑provider notice to an account holder for up to 90 days (with an optional 30‑day extension) after the provider turns information to law enforcement, sponsors said it closes a loophole used to thwart investigations of child exploitation.

The Tennessee Senate unanimously approved Senate Bill 5 35 on third and final consideration, adopting an amendment and voting in favor by recorded tally.

Sponsor Senator Stevens said the bill was requested by a local district attorney and his investigator to protect active investigations targeting child exploitation. "This bill will close that loophole so that electronic service providers cannot notify the individuals before law enforcement can act on the subpoena," Stevens told the Senate.

An amendment explained on the floor allows providers to notify an account holder 90 days after providing requested information to law enforcement, with an additional 30‑day delay available if law enforcement requests it. The sponsor said the change was intended to prevent targets from deleting evidence or changing accounts before officers can secure it.

Floor votes were recorded after the amendment and the bill passed; the clerk announced 26 ayes and no nays. The motion to reconsider was tabled.

Ending: Supporters described the bill as a tool to protect ongoing investigations into exploitation; no fiscal or implementation details were discussed on the floor beyond the 90/30 day notification windows.