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AN ACT relating to administrative subpoenas. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 500.120 is amended to read as follows: 3
(1) (a) In any investigation relating to an offense involving KRS 510.155, 4
530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340, 5
531.350, 531.360, or 531.370, and upon reasonable cause to believe that an 6
internet service provider, social networking company, mobile payment 7
service, or cloud storage service[account] has been used in the exploitation or 8
attempted exploitation of children, or in any investigation of a violation of 9
KRS 17.546, 508.140, 508.150, 525.070, or 525.080 where there is reasonable 10
cause to believe that an internet service provider, social networking company, 11
mobile payment service, or cloud storage service[account] has been used in 12
the commission of the offense, the Attorney General may issue in writing and 13
cause to be served a subpoena requiring the production and testimony 14
described in subsection (2) of this section. 15
(b) In any investigation relating to an offense involving KRS 510.155, 16
530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340, 17
531.350, 531.360, or 531.370, and upon reasonable cause to believe that an 18
internet service provider, social networking company, mobile payment 19
service, or cloud storage service[account] has been used in the exploitation or 20
attempted exploitation of children, the commissioner of the Department of 21
Kentucky State Police may issue in writing and cause to be served a subpoena 22
requiring the production and testimony described in subsection (2) of this 23
section. 24
(2) Except as provided in subsection (3) of this section, a subpoena issued under this 25
section may require the production of any records or other documentation relevant 26
to the investigation, including: 27 UNOFFICIAL COPY 25 RS BR 1230
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(a) Electronic mail address; 1
(b) Internet username; 2
(c) Internet protocol address; 3
(d) Name of account holder; 4
(e) Billing and service address; 5
(f) Telephone number; 6
(g) Account status; 7
(h) Method of access to the internet; and 8
(i) Automatic number identification records if access is by modem. 9
(3) The internet service provider, social networking company, mobile payment 10
service, cloud storage service, or provider of electronic communication service or 11
remote computing service shall not disclose the following pursuant to a subpoena 12
issued under this section but shall disclose the information in obedience to a 13
warrant: 14
(a) In-transit electronic communications; 15
(b) Account memberships related to internet groups, newsgroups, mailing lists or 16
specific areas of interest; 17
(c) Account passwords; and 18
(d) Account content including: 19
1. Electronic mail in any form; 20
2. Address books, contacts, or buddy lists; 21
3. Financial records; 22
4. Internet proxy content or web surfing history; and 23
5. Files or other digital documents stored with the account or pursuant to 24
use of the account. 25
(4) At any time before the return date specified on the subpoena, the person summoned 26
may, in the District Court in which the person resides or does business, petition for 27 UNOFFICIAL COPY 25 RS BR 1230
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an order modifying or setting aside the subpoena, or a prohibition of disclosure by a 1
court. 2
(5) A subpoena under this section shall describe the objects required to be produced 3
and shall prescribe a return date with a reasonable period of time within which the 4
objects can be assembled and made available. 5
(6) If no case or proceeding arises from the production of records or other 6
documentation pursuant to this section within a reasonable time after those records 7
or documentation is produced, the Attorney General shall either destroy the records 8
and documentation or return them to the person who produced them. 9
(7) A subpoena issued under this section may be served by any person who is at least 10
eighteen (18) years of age and who is designated in the subpoena to serve it. Service 11
upon a natural person may be made by personal delivery of the subpoena to him or 12
her. Service may be made upon a corporation or partnership or other 13
unincorporated association which is subject to suit under its common name, by 14
delivering the subpoena to an officer, to a managing or general agent, or to any 15
other agent authorized by appointment or by law to receive service of process. The 16
affidavit of the person serving the subpoena together with a true copy thereof shall 17
be proof of service. 18
(8) Except as provided in this section any information, records or data reported or 19
obtained pursuant to subpoena under this section shall remain confidential and shall 20
not be further disclosed unless in connection with a criminal case related to the 21
subpoenaed materials. 22