| (1) |
Terms Used In Utah Code 77-23c-102- Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Utah Code 77-23c-101.2
- Electronic device: means a device that enables access to or use of an electronic communication service, remote computing service, or location information service. See Utah Code 77-23c-101.2
- Electronic information: includes the location information, stored data, or transmitted data of an electronic device. See Utah Code 77-23c-101.2
- Law enforcement agency: means :Utah Code 77-23c-101.2
- Location information: includes past, current, and future location information. See Utah Code 77-23c-101.2
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23c-101.2
- Subpoena: A command to a witness to appear and give testimony.
- Transmitted data: means electronic information that is transmitted wirelessly:Utah Code 77-23c-101.2
| (a) |
Except as provided in Subsection (2) or (4), for a criminal investigation or prosecution, a law enforcement agency may not obtain, without a search warrant issued by a court upon probable cause:
| (i) |
the location information, stored data, or transmitted data of an electronic device; or |
| (ii) |
electronic information transmitted by the owner of the electronic information:
| (A) |
to a provider of a remote computing service; or |
| (B) |
through a provider of an electronic communication service. |
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| (b) |
Except as provided in Subsection (1)(c), a law enforcement agency may not use, copy, or disclose, for any purpose, the location information, stored data, or transmitted data of an electronic device, or electronic information provided by a provider of a remote computing service or an electronic communication service, that:
| (i) |
is not the subject of the warrant; and |
| (ii) |
is collected as part of an effort to obtain the location information, stored data, or transmitted data of an electronic device, or electronic information provided by a provider of a remote computing service or an electronic communication service that is the subject of the warrant in Subsection (1)(a). |
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| (c) |
A law enforcement agency may use, copy, or disclose the transmitted data of an electronic device used to communicate with the electronic device that is the subject of the warrant if the law enforcement agency reasonably believes that the transmitted data is necessary to achieve the objective of the warrant. |
| (d) |
The electronic information described in Subsection (1)(b) shall be destroyed in an unrecoverable manner by the law enforcement agency as soon as reasonably possible after the electronic information is collected. |
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| (2) |
| (a) |
A law enforcement agency may obtain location information without a warrant for an electronic device:
| (ii) |
if the device is reported stolen by the owner; |
| (iii) |
with the informed, affirmative consent of the owner or user of the electronic device; |
| (iv) |
except for the automobile exception to the warrant requirement, in accordance with a judicially recognized exception to warrant requirements; |
| (v) |
if the owner has voluntarily and publicly disclosed the location information; or |
| (vi) |
from a provider of a remote computing service or an electronic communications service if the provider voluntarily discloses the location information:
| (A) |
under a belief that an emergency exists involving an imminent risk to an individual of death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping, or human trafficking; or |
| (B) |
that is inadvertently discovered by the provider and appears to pertain to the commission of a felony, or of a misdemeanor involving physical violence, sexual abuse, or dishonesty. |
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| (b) |
A law enforcement agency may obtain stored data or transmitted data from an electronic device or electronic information transmitted by the owner of the electronic information to a provider of a remote computing service or through a provider of an electronic communication service, without a warrant:
| (i) |
with the informed consent of the owner of the electronic device or electronic information; |
| (ii) |
except for the automobile exception to the warrant requirement, in accordance with a judicially recognized exception to warrant requirements; or |
| (iii) |
subject to Subsection (2)(a)(vi)(B), from a provider of a remote computing service or an electronic communication service if the provider voluntarily discloses the stored or transmitted data as otherwise permitted under 18 U.S.C. § 2702. |
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| (c) |
A prosecutor may obtain a judicial order as described in Section 77-22-2.5 for the purposes described in Section 77-22-2.5. |
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| (3) |
A provider of an electronic communication service or a remote computing service, the provider’s officers, employees, or agents, or other specified persons may not be held liable for providing information, facilities, or assistance in good faith reliance on the terms of the warrant issued under this section or without a warrant in accordance with Subsection (2). |
| (4) |
Nothing in this chapter:
| (b) |
affects the rights of an employer under Subsection 34-48-202(1)(e) or an administrative rule adopted under Section 63A-16-205; or |
| (c) |
limits the ability of a law enforcement agency to receive or use information, without a warrant or subpoena, from the National Center for Missing and Exploited Children under 18 U.S.C. § 2258A. |
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Amended by Chapter 382, 2023 General Session
Amended by Chapter 514, 2023 General Session
