AB 741

Under current law a judge may, upon a showing of probable cause, issue a

search warrant authorizing the police to search a designated person, object, or place

for the purpose of seizing specific property. A judge may issue a search warrant

authorizing a search anywhere the state. In addition, a judge may, upon a showing

of probable cause, issue a subpoena requiring a person to produce specified

documents.

This bill authorizes a judge to issue a subpoena or warrant requiring a provider

of electronic communication service or of remote computing service to produce

certain records relating to a customer or the customer's wire or electronic

communications. Under the bill, "remote computing service" means computer

storage or processing provided to the public by means of an electronic

communications system. Upon a showing of probable cause, a court may issue a

subpoena requiring a provider of electronic communication service or of remote

computing service to provide information related to a customer, including the

customer's name, address, telephone number, network address, and bank or credit

card account number used to pay the provider, as well as records of the services the

customer utilized and records of session times and durations. The bill also

authorizes a judge, upon a showing of probable cause, to issue a warrant requiring

a provider of electronic communication service or of remote computing service to

disclose the contents of a customer's wire or electronic communications as well as the

customer information described above.

A judge may issue a subpoena or warrant authorized by the bill to any provider

that enters into an agreement with a person, whether or not the person is a resident

of this state, if any part of the performance of the agreement takes place within this

state. Under the bill, a law enforcement officer need not be present for the service

or execution of the subpoena or warrant. The bill requires that a subpoena or

warrant be issued secretly and provides that a judge may seal the subpoena or

warrant and the request, complaint, affidavit, or testimony upon which the subpoena

or warrant is based. The bill grants a provider of electronic communication service

or of remote computing service immunity from civil liability for acts or omissions

committed in accordance with a subpoena or warrant.

The bill also allows a provider of electronic communication service or of remote

computing service to disclose information relating to a customer or the contents of

a customer's wire or electronic communications if the customer consents, or if the

provider has a good faith belief that disclosure is required to prevent death or serious

physical injury to a person or to mitigate serious physical injury to a person.

Finally, the bill modifies the definition of "wire communication" that is

applicable to the requirement to obtain a warrant before intercepting a wire

communication. Under current law, "wire communication" is defined, in part, as any

aural transfer made through the use of facilities for the transmission of