2011 -- H 5093 SUBSTITUTE A
A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- INTERNET SERVICE
PROVIDERS -- DUTY TO DISCLOSE INFORMATION
Introduced By: Representatives Martin, DaSilva, Carnevale, and Ucci
Date Introduced: January 20, 2011
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 39-2 of the General Laws entitled "Duties of Utilities and Carriers"
is hereby amended by adding thereto the following section:
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
(5) “Proper service” means the delivery of a search warrant or an administrative
subpoena by hand, by
other manner to any officer of a corporation or its general
manager in the State of
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
(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
proper service, and with certification under oath by the attorney general or by the superintendent
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 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) days, shall apply to a judge for a search warrant as
soon as practicable, but not later than seventy-five (75) 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
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
to enforce said administrative subpoenas upon application by the issuing law enforcement
(e) The attorney
general and/or the superintendent of the
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
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
(h) No law enforcement officer, or any party to these investigations under this section,
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.