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2007 SESSION
SB 1357 Administrative subpoena; issued for records of electronic communication service, etc.
Introduced by: Mark D. Obenshain | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Administrative subpoena; electronic communication service and remote computing service providers. Provides that attorneys for the Commonwealth have the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a legitimate law-enforcement investigation concerning child pornography and use of communications systems to facilitate certain sexual offenses with children. The bill provides a definition of what constitutes records and other information that may be obtained upon the issuance of an administrative subpoena. All records or other information received by attorneys for the Commonwealth may only be used for a reasonable period of time not to exceed 30 days. Upon completion of the investigation, the records or other information shall be destroyed if no prosecution is initiated. The bill also provides that a service provider may move to quash the administrative subpoena in any court of competent jurisdiction if the records or other information sought is unusually voluminous in nature or if compliance with the subpoena would cause an undue burden to the service provider. This bill is similar to HB 2953.
SUMMARY AS PASSED SENATE:
Administrative subpoena; electronic communication service and remote computing service providers. Provides that attorneys for the Commonwealth have the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a legitimate law-enforcement investigation concerning pornography and use of communications systems to facilitate certain sexual offenses with children.
SUMMARY AS INTRODUCED:
Administrative subpoena; electronic communication service and remote computing service providers. Provides that attorneys for the Commonwealth and law-enforcement officers have the authority to issue administrative subpoenas to obtain records and information from electronic communication service and remote computing service providers. This bill also provides that search warrants may be issued to obtain records and information from service providers located in and outside the Commonwealth and that warrants issued by other states for providers whose principal place of business is in the Commonwealth will be enforced in the Commonwealth.