Chapter 196
2011 -- H 5093 SUBSTITUTE A
Enacted 07/01/11
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
of the
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
authority.
(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
this section.
(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.
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LC00351/SUB A/3
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