2014 -- S 2611

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LC004210

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- INTERNET SERVICE PROVIDERS

     Introduced By: Senators Jabour, Lombardi, and Lombardo

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     (State Police)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-2-20.1 of the General Laws in Chapter 39-2 entitled "Duties of

Utilities and Carriers" is hereby amended to read as follows:

     39-2-20.1. Internet service providers -- Duty to disclose certain information. -- (a) As

used in this chapter:

      (1) "Internet service provider" means an entity offering the transmission, routing or

providing of connections of digital online communications, between or among points specified by

a user, of material of the user's choosing, without modification to the content of the material as

sent or received and includes a provider of online services or network access, including entities

that provide an electronic communication service or remote computing service, but does not mean

the offering on a common carrier basis of telecommunication facilities or of telecommunications.

      (2) "Electronic communication service" means any service which provides to its users

the ability to send or receive wire or electronic communications.

      (3) "Remote computing service" means the provision to the public of computer storage

or processing services by means of an electronic communication system.

      (4) "Foreign entities" means any entity that makes a contract or engages in a term of

service agreement with a resident of the State of Rhode Island and a foreign entity.

      (5) "Proper service" means the delivery of a search warrant or an administrative

subpoena by hand, by United States mail, by commercial delivery service, by facsimile, or by any

other manner to any officer of a corporation or its general manager in the State of Rhode Island to

any natural person designated by the entity as their agent for service of process, or if such

corporation has designated a corporate agent.

      (6) "Service of process on a foreign entity" means that the service of a search warrant or

subpoena which is properly served on said foreign entity shall have the same legal force and

effect as if served personally within the State of Rhode Island.

      (b) (1) An Internet service provider, as defined herein, shall disclose subscriber account

information consisting of the name, address, IP address and telephone numbers associated with

the account to the attorney general or to the superintendent of the Rhode Island state police upon

proper service, and with certification under oath by the attorney general or by the superintendent

of the Rhode Island state police, that the information is necessary for an officially documented

criminal investigation or prosecution of criminal complaint based on probable cause related to:

the exploitation for commercial or immoral purposes, pursuant to section 11-9-1; child nudity

prohibited in publications pursuant to section 11-9-1.1; child pornography prohibited pursuant to

section 11-9-1.3; employment of children for unlawful purposes pursuant to section 11-9-2;

seizure and custody of exploited child-proceedings as against neglected child pursuant to section

11-9-3; contributing to delinquency pursuant to section 11-9-4; cruelty to or neglect of child

pursuant to section 11-9-5; indecent solicitation of a child pursuant to section 11-37-8.8; access to

computer for fraudulent purposes pursuant to section 11-52-2; intentional access, alteration,

damage, or destruction pursuant to section 11-52-3; cyberstalking prohibited pursuant to section

11-52-4.2; violation of restraining order pursuant to section 11-52-4.3; use of false information

pursuant to section 11-52-7 and/or video voyeurism pursuant to section 11-64-2.

      (2) A duly authorized law enforcement person, as designated above, after issuing a

certification pursuant to this section, if an arrest, grand jury proceeding, or any criminal

prosecution does not result within sixty (60) one hundred (100) days, shall apply to a judge for a

search warrant as soon as practicable, but not later than seventy-five (75) one hundred twenty

(120) days after issuance of the certification. In the event that such application is not approved, no

information obtained or evidence derived from said subpoena shall be received in evidence or

otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury,

department, office, agency, regulatory body, legislative committee or other governmental

authority or committee, and no information concerning any person acquired from such subpoena

shall subsequently be used or disclosed in any other manner by state or local officers or

employees without the consent of such person.

      (c) An administrative subpoena issued to an Internet service provider shall authorize the

release of non-content-based subscriber information identifying the name, address and telephone

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number of said account along with the Internet protocol number.

      (d) Notwithstanding any provision of this chapter, or any other provision of the general

or public laws to the contrary, telephone records may not be released by an Internet service

provider pursuant to an administrative subpoena. The Rhode Island superior court shall have the

authority to enforce said administrative subpoenas upon application by the issuing law

enforcement authority.

      (e) The attorney general and/or the superintendent of the Rhode Island state police who

issues an administrative subpoena to Internet service providers related to: the exploitation for

commercial or immoral purpose, pursuant to section 11-9-1; child nudity prohibited in

publications pursuant to section 11-9-1.1; child pornography prohibited pursuant to section 11-9-

1.3; employment of children for unlawful purposes pursuant to section 11-9-2; seizure and

custody of exploited child-proceedings as against neglected child pursuant to section 11-9-3;

contributing to delinquency pursuant to section 11-9-4; cruelty to or neglect of child pursuant to

section 11-9-5; indecent solicitation of a child pursuant to section 11-37-8.8; access to computer

for fraudulent purposes pursuant to section 11-52-2; intentional access, alteration, damage, or

destruction pursuant to section 11-52-3; cyberstalking prohibited pursuant to section 11-52-4.2;

violation of restraining order pursuant to section 11-52-4.3; use of false information pursuant to

section 11-52-7; and/or video voyeurism pursuant to section 11-64-2, shall provide an annual

report to the general assembly each year detailing the following:

      (1) The number of administrative subpoenas issued in the previous year;

      (2) The number of separate criminal investigations for which the administrative

subpoenas were issued and whether said administrative subpoenas resulted in an arrest,

indictment or criminal information;

      (3) The number of investigations that remain part of a pending investigation;

      (4) The number that resulted in the closing of a criminal investigation as unfounded; and

      (5) The number of investigations that did not result in an arrest, grand jury proceeding,

or any criminal prosecution due to an inability to identify the subscriber.

      (f) The attorney general's office and the Rhode Island state police shall compile and

forward said reports to the general assembly on an annual basis by March 31 of each year for the

previous year. The reports shall be a public record.

      (g) No cause of action shall lie in any court against any Internet service provider, its

officers, employees, or agents for furnishing or disclosing information, in strict compliance with

this section.

      (h) No law enforcement officer, or any party to these investigations under this section,

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shall disclose any information obtained as a result of this section, except as it is essential to the

proper discharge of their duties.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- INTERNET SERVICE PROVIDERS

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     This act would expand the time period that law enforcement officials, who have received

internet subscriber account information and have not instituted an arrest, grand jury proceeding,

or criminal prosecution have, before they are required to apply for a judicial search warrant, from

between sixty (60) days and seventy-five (75) days to between one hundred (100) days and one

hundred twenty (120) days.

     This act would take effect upon passage.

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