HB 5138
Relating to law enforcement warrant for third party information
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill would require law enforcement agencies to obtain a warrant before accessing certain information about electronic communication service subscribers, such as names, addresses, and telephone records. However, there are exceptions where consent from the subscriber, a judicial exception, voluntary disclosure, or a good-faith belief of an imminent emergency (like kidnapping or sexual abuse) would allow access without a warrant. The bill also protects providers from liability when cooperating with law enforcement under these circumstances.
Key provisions
- Defines ‘subscriber record’ as specific information about electronic communication service subscribers.
- Requires a warrant for disclosure of subscriber records by law enforcement.
- Allows access without a warrant with informed consent of the subscriber.
- Permits access without a warrant in cases of imminent risk to life or safety.
- Allows access without a warrant if information is voluntarily disclosed.
- Protects providers of electronic communication services from liability when complying with warrants or providing information in good faith.
- Specifies exceptions for accessing records related to felony or misdemeanor crimes involving violence or sexual abuse.
Who is affected
- Law enforcement agencies
- Electronic communication service providers
- Subscribers and customers of electronic communication services
- Individuals whose information is held by electronic communication service providers
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