Attorney general could seek provider records in certain investigations

The attorney general or a designee may ask a Hughes County judge to approve a subpoena for a provider’s business records. Any magistrate or circuit court judge in Hughes County may review the request, wherever the investigation, provider, records, or subpoena service is located. The investigation must be conducted by the Division of Criminal Investigation and involve a state offense related to internet crimes against children or human trafficking. The written application must show reasonable cause, based on specific facts, to believe the records are material to an active criminal investigation. The records must relate to an active criminal investigation.

After judicial approval, the attorney general or a designee may issue and serve a subpoena requiring a provider to produce specified business records. A judge’s approval may be written or given by signing the subpoena. An approved subpoena is enforceable statewide and has the same force as other state subpoenas. The listed records include account and subscriber details, contact information, device identifiers, internet addresses and usernames, and internet access methods. A provider must produce the required records. It may not notify the account holder, customer, or subscriber if the subpoena prohibits notice. If a provider refuses, the attorney general or a designee may ask a court to order compliance. The provider’s duty to produce the records applies when it is served with the subpoena.

The attorney general or a designee must limit use and disclosure of records obtained under a subpoena and take reasonable steps to protect privacy. These rules cover business records obtained through an investigative subpoena and providers that comply with its terms. Records may be used only for official law enforcement and disclosed only as needed for an investigation or prosecution, or as otherwise required by law. A provider and its agents, employees, and officers have no cause of action for assistance given in accordance with the subpoena.