New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A2567

Introduced
1/9/24  

Caption

Requires foreign corporations providing electronic communication services or remote computing services to comply with New Jersey subpoenas, court orders and search warrants.

Impact

The proposed bill significantly affects existing state laws surrounding electronic communication services. By imposing accountability on foreign companies that may previously have leveraged jurisdictional barriers to avoid compliance, A2567 seeks to harmonize legal obligations for information production across state lines. Additionally, the bill includes provisions that require domestic corporations to respond similarly to out-of-state legal requests, which reinforces a consistent approach throughout the United States.

Summary

Assembly Bill A2567 mandates that foreign corporations providing electronic communication or remote computing services to the public comply with subpoenas, court orders, and search warrants issued in New Jersey. This legislation aims to ensure that these corporations can be held accountable under New Jersey law, thereby enhancing the state's ability to investigate crimes and protect the public safety by gaining access to necessary customer records.

Contention

Notably, one of the main points of contention surrounding A2567 involves concerns over civil liberties and data privacy. Critics may argue that requiring corporations to disclose customer information could violate individuals' privacy rights. Furthermore, opponents might express skepticism about the efficacy of compliance, particularly with the relatively short timeline associated with the production of records, as corporations are given only five business days to respond unless otherwise directed by the court.

Consequences

The bill also specifies penalties for non-compliance, including civil penalties and potential contempt of court charges for violations. This severity aims to deter corporations from ignoring or obstructing legal requests; however, it raises questions about the balance between corporate compliance and the rights of customers whose data is being disclosed. Ensuring adequate protections for individuals while allowing law enforcement to effectively operate remains a crucial aspect of the ongoing dialogue surrounding the bill.

Companion Bills

NJ A3421

Carry Over Requires foreign corporations providing electronic communication services or remote computing services to comply with New Jersey subpoenas, court orders and search warrants.

Previously Filed As

NJ A3421

Requires foreign corporations providing electronic communication services or remote computing services to comply with New Jersey subpoenas, court orders and search warrants.

NJ HB2546

Electronic communication service or remote computing service; obtaining records without a warrant.

NJ SB1052

Relating to search warrants issued in this state and other states for certain customer data, communications, and other information held in electronic storage in this state and other states by providers of electronic communications services and remote computing services.

NJ HB2268

Relating to search warrants issued in this state and other states for certain customer data, communications, and other related information held in electronic storage in this state and other states by providers of electronic communications services and remote computing services.

NJ HB2626

Search warrants; electronic records includes commercial enterprise, domestic & foreign corporations.

NJ HB3790

Relating to the electronic customer data that certain peace officers may obtain by warrant, order, or other legal process from a provider of a wire or electronic communications service or remote computing service or from a communication common carrier.

NJ SB1717

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

NJ SB2093

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

NJ HB3453

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

NJ H3519

Search warrants, electronic data

Similar Bills

NJ A3421

Requires foreign corporations providing electronic communication services or remote computing services to comply with New Jersey subpoenas, court orders and search warrants.

VA SB1412

Domestic and foreign corporations; corporations transacting business in Commonwealth, etc.

CA SB937

Subpoenas: business records.

MA H2027

To protect electronic privacy

SC H3519

Search warrants, electronic data

TX HB3453

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

TX SB2093

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

VA HB1217

Cell phone records; investigation of missing persons.