(a) If there is reasonable cause to believe that an Internet service account has been used in connection with a violation of Alaska Stat. § 11.41.452, 11.41.455, or Alaska Stat. § 11.61.125 – 11.61.128, and that the identity, address, and other information about the account owner will assist in obtaining evidence that is relevant to the offense, a law enforcement officer may apply to the attorney general or the attorney general’s designee for an administrative subpoena to obtain the business records of the Internet service provider located inside or outside of the state.
Terms Used In Alaska Statutes 44.23.080
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Subpoena: A command to a witness to appear and give testimony.
(b) If an application meets the requirements of (a) of this section, the attorney general or the attorney general’s designee may issue an administrative subpoena to the Internet service provider requiring the production of the following records:
(1) the name and other identifying information of the account holder;(2) the address and physical location associated with the account;(3) a description of the length of service, service start date, and types of service associated with the account.(c) A subpoena issued under (b) of this section must prescribe a reasonable time after service for the production of the information.(d) Service of a subpoena issued under (b) of this section may be by any method authorized by law or acceptable to the Internet service provider. At any time before the return date specified on the subpoena, the Internet service provider may petition a court of competent jurisdiction for the judicial district in which the provider resides or does business for an order modifying or quashing the subpoena or for an order sealing the court record.(e) If the Internet service provider refuses to obey a subpoena issued under (b) of this section, the superior court may, upon application of the attorney general or the attorney general’s designee, issue an order requiring the Internet service provider to appear at the office of the attorney general with the information described in the subpoena.(f) An Internet service provider who knowingly fails to produce the information required to be produced by the subpoena or court order is guilty of contempt under Alaska Stat. § 09.50.010.(g) Nothing in this section limits the authority of law enforcement from obtaining process from the court or through a grand jury subpoena to obtain the information described in (b) of this section.(h) A person may not bring a civil action against an Internet service provider, its officers, employees, agents, or other person for complying with an administrative subpoena issued under (b) of this section or a court order issued under (e) of this section.(i) For purposes of this section, the attorney general’s designee may be the deputy attorney general of the division of the Department of Law that has responsibility for civil cases or the division of the Department of Law that has responsibility for criminal cases.
