IdahoIdaho prosecutors can demand certain customer records for listed investigations
Communication and computer service providers must supply customer identity, service use, and payment records when an Idaho prosecutor’s formal demand meets the law’s investigation requirements.
What it does
Covered providers must give Idaho prosecutors certain customer records for investigations of listed crimes, including Idaho Code section 18-1507C. Providers have 14 days to respond.
These demands cannot seek message content or browsing records, except records of servers used to first connect to the internet. Providers cannot supply the prohibited information.
Providers may ask courts for relief from burdensome demands and receive lawsuit protection when they comply with the terms. Recipients who disobey may face court penalties.
Argument forRequiring records within 14 days could help prosecutors identify customers linked to investigations of the crimes listed in the law.
Argument againstInvestigators could learn sensitive details about customers through identity, connection, and payment records, even though these demands exclude message content.
More detail
Idaho prosecutors and the attorney general can issue an administrative subpoena, a formal demand requiring providers to turn over certain customer records. Covered providers offer electronic communication services or public computer storage or processing services and do business, or have done business, in Idaho. Required records include customer identity, service use, and payment information in their possession. The prosecutor or attorney general must certify on the demand that there is reason to believe the records are relevant to a legitimate investigation of a listed crime. The investigation list includes Idaho Code section 18-1507C, but this act does not describe that crime. Providers must deliver records within 14 days of receiving the demand. The act took effect on July 1, 2026.
Prosecutors cannot demand message content or records showing internet locations customers accessed. Providers cannot supply that information in response to these demands. These limits apply to demands issued under this section. Protected internet locations include websites, chat channels, and news groups. Records identifying servers used to first connect to the internet are excluded from the browsing-record restriction. Prosecutors can still seek records through search warrants, court orders, or grand jury or trial subpoenas.
Providers may ask a court to cancel or narrow a demand if they prove that it seeks unusually large volumes of records or would impose an excessive burden. These rules cover demands issued under this section. Court proceedings for disobeying a demand may be brought in the county where it was issued. Providers and their officers, employees, agents, and other covered people are protected from lawsuits for assistance that follows the demand’s terms. Recipients may face contempt of court, meaning court penalties for disobeying, if they fail to appear, produce required materials, take an oath, or testify. Providers must ask for court review before the deadline to appear or produce documents.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Reported Signed by Governor Brad Little on March 27, 2026 Session Law Chapter 202 Effective: 07/01/2026Became Law
- Mar 26Delivered to Governor at 12:58 p.m. on March 26, 2026To Governor
- Mar 26Returned Signed by the President; Ordered Transmitted to GovernorMinor
- Mar 25Signed by President; returned to HouseMajor
- Mar 25Received from the House enrolled/signed by SpeakerMajor
- Mar 25Reported Enrolled; Signed by Speaker; Transmitted to SenateMajor
- Mar 24Returned from Senate Passed; to JRA for EnrollingMinor
- Vote recorded Read third time in full –. Result: pass.Upper
- Mar 24Read third time in full – PASSED - 34-0-1AYES – Adams, Anthon, Bernt, Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Wintrow, Woodward, Zito, ZuiderveldNAYS – NoneAbsent and excused – Bjerke(Bjerke)Floor Sponsor - LentTitle apvd - to HousePassed 2nd Chamber
- Mar 20Read second time; filed for Third ReadingMinor
- Mar 19Reported out of Committee with Do Pass Recommendation; Filed for second readingMinor
- Feb 25Introduced, read first time; referred to: Judiciary & RulesMinor
- Feb 25Received from the House passed; filed for first reading
- Feb 24Read Third Time in Full – PASSED - 68-0-2AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Church, Cornilles, Crane(12), Crane(13), Dygert, Egbert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Gannon, Garner, Green, Hall(Stone), Handy, Harris, Hawkins, Haws, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Rubel, Scott, Shepherd, Shirts, Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. SpeakerNAYS – NoneAbsent – Galaviz, SauterFloor Sponsor - HandyTitle apvd - to SenatePassed 1st Chamber
- Vote recorded Read Third Time in Full –. Result: pass.Lower
- Feb 23Read second time; Filed for Third ReadingMinor
- Feb 20Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Feb 17Reported Printed and Referred to Judiciary, Rules & Administration
- Feb 16Introduced, read first time, referred to JRA for PrintingIntroduced
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