| (1) |
As used in this section, “subscriber record” means a record or information of a provider of an electronic communication service or remote computing service that reveals the subscriber’s or customer’s:
Terms Used In Utah Code 77-23c-104- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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
- Law enforcement agency: means :Utah Code 77-23c-101.2
- 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.
| (a) |
name; |
| (c) |
local and long distance telephone connection record, or record of session time and duration; |
| (d) |
length of service, including the start date; |
| (e) |
type of service used; |
| (f) |
telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address; and |
| (g) |
means and source of payment for the service, including a credit card or bank account number. |
|
| (3) |
A law enforcement agency may not obtain, use, copy, or disclose, for a criminal investigation or prosecution, any record or information, other than a subscriber record, of a provider of an electronic communication service or remote computing service related to a subscriber or customer without a warrant. |
| (4) |
Notwithstanding Subsections (2) and (3), a law enforcement agency may obtain, use, copy, or disclose a subscriber record, or other record or information related to a subscriber or customer, without an investigative subpoena or a warrant:
| (a) |
with the informed, affirmed consent of the subscriber or customer; |
| (b) |
in accordance with a judicially recognized exception to warrant requirements; |
| (c) |
if the subscriber or customer voluntarily discloses the record in a manner that is publicly accessible; or |
| (d) |
if the provider of an electronic communication service or remote computing service voluntarily discloses the record:
| (i) |
under a belief that an emergency exists involving the imminent risk to an individual of:
| (B) |
serious physical injury; |
| (D) |
live-streamed sexual exploitation; |
|
| (ii) |
that is inadvertently discovered by the provider, if the record appears to pertain to the commission of:
| (B) |
a misdemeanor involving physical violence, sexual abuse, or dishonesty; or |
|
| (iii) |
subject to Subsection 77-23c-104(4)(d)(ii), as otherwise permitted under 18 U.S.C. § 2702. |
|
|
| (5) |
A provider of an electronic communication service or remote computing service, or the provider’s officers, employees, agents, or other specified persons may not be held liable for providing information, facilities, or assistance in good faith reliance on the terms of a warrant issued under this section, or without a warrant in accordance with Subsection (3). |
Amended by Chapter 382, 2023 General Session
