Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0396 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0396
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7	7	LC000948
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL PROCEDURE -- ELECTRONIC INFORMATI ON AND DATA
16	16	PRIVACY ACT
17	17	Introduced By: Senators de la Cruz, Rogers, F. Lombardi, Ciccone, Felag, E Morgan,
18	18	Bell, Raptakis, DeLuca, and Burke
19	19	Date Introduced: February 16, 2023
20	20	Referred To: Senate Judiciary
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22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby 1
25	25	amended by adding thereto the following chapter: 2
26	26	CHAPTER 34 3
27	27	ELECTRONIC INFORMATION AND DATA PRIVACY ACT 4
28	28	12-34-1. Short title. 5
29	29	This chapter shall be known and may be cited as the "Electronic Information and Data 6
30	30	Privacy Act". 7
31	31	12-34-2. Definitions. 8
32	32	As used in this chapter: 9
33	33	(1) "Electronic communication service" means a service that provides to users of the 10
34	34	service the ability to send or receive wire or electronic communications. 11
35	35	(2) "Electronic device" means a device that enables access to or use of an electronic 12
36	36	communication service, remote computing service, or location information service. 13
37	37	(3) "Electronic information or data" means information or data including a sign, signal, 14
38	38	writing, image, sound or intelligence of any nature transmitted or stored in whole or in part by a 15
39	39	wire, radio, electromagnetic, photo-electronic, or photo-optical system: 16
40	40	(i) "Electronic information or data" includes the location information, stored data, or 17
41	41	transmitted data of an electronic device; 18
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44	44	LC000948 - Page 2 of 9
45	45	(ii) "Electronic information or data" does not include: 1
46	46	(A) A wire or oral communication; 2
47	47	(B) A communication made through a tone-only paging device; or 3
48	48	(C) Electronic funds transfer information stored by a financial institution in a 4
49	49	communications system used for the electronic storage and transfer of money. 5
50	50	(4) "Law enforcement agency" means an entity of the state or a political subdivision of the 6
51	51	state including any municipality within the state, or any agency acting on their behalf, that exists 7
52	52	primarily to prevent, detect, or prosecute crime and enforce criminal statutes or ordinances. 8
53	53	(5) "Location information" means information obtained by means of a tracking device, 9
54	54	concerning the location of an electronic device that, in whole or in part, is generated or derived 10
55	55	from or obtained from the operation of an electronic device. 11
56	56	(6) "Location information service" means the provision of a global positioning service or 12
57	57	other mapping, location, or directional information service. 13
58	58	(7) "Oral communication" means any oral communication uttered by a person exhibiting 14
59	59	an expectation that the communication is not subject to interception under circumstances justifying 15
60	60	that expectation. 16
61	61	(8) "Remote computing service" means the provision to the public of computer storage or 17
62	62	processing services by means of an electronic communication system. 18
63	63	(9) "Transmitted data" means electronic information or data that is transmitted wirelessly 19
64	64	from: 20
65	65	(i) An electronic device to another electronic device without the use of an intermediate 21
66	66	connection or relay; or 22
67	67	(ii) An electronic device to a nearby antenna. 23
68	68	(10) "Wire communications" means any aural transfer made in whole or in part through 24
69	69	the use of facilities for the transmission of communications by the aid of wire, cable, or other like 25
70	70	connection between the point of origin and the point of reception, (including the use of the 26
71	71	connection in a switching station) furnished or operated by any person engaged in providing or 27
72	72	operating the facilities for the transmission of communications. The term includes any electronic 28
73	73	storage of the communication. 29
74	74	12-34-3. Electronic information or data privacy-Warrant required for disclosure. 30
75	75	(a) Except as provided in subsection (e) of this section, for a criminal investigation or 31
76	76	prosecution, a law enforcement agency may not obtain, without a search warrant issued by a court 32
77	77	upon a finding of probable cause: 33
78	78	(1) The location information, stored data, or transmitted data of an electronic device; or 34
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82	82	(2) Electronic information or data transmitted by the owner of the electronic information 1
83	83	or data to a remote computing service provider. 2
84	84	(b) Except as provided in subsection (d) of this section, a law enforcement agency may not 3
85	85	use, copy, or disclose, for any purpose, the location information, stored data, transmitted data of an 4
86	86	electronic device, or electronic information or data provided by a remote computing service 5
87	87	provider, that: 6
88	88	(1) Is not the subject of the warrant; and 7
89	89	(2) Is collected as part of an effort to obtain the location information, stored data, 8
90	90	transmitted data of an electronic device, or electronic information or data provided by a remote 9
91	91	computing service provider that is the subject of the warrant described in subsection (a) of this 10
92	92	section. 11
93	93	(c) A law enforcement agency may use, copy, or disclose the transmitted data of an 12
94	94	electronic device used to communicate with the electronic device that is the subject of the warrant 13
95	95	if the law enforcement agency reasonably believes that the transmitted data is necessary to achieve 14
96	96	the objective of the warrant. 15
97	97	(d) The electronic information or data described in subsection (b) of this section shall be 16
98	98	destroyed in an unrecoverable manner by the law enforcement agency as soon as reasonably 17
99	99	possible after the electronic information is collected. 18
100	100	(e) A law enforcement agency may obtain location information without a warrant for an 19
101	101	electronic device: 20
102	102	(1) If the device is reported stolen by the owner; 21
103	103	(2) With the informed, affirmative consent of the owner or user of the electronic device; 22
104	104	(3) In accordance with a judicially recognized exception to the warrant requirement; 23
105	105	(4) If the owner has voluntarily and publicly disclosed the location information; or 24
106	106	(5) From the remote computing service provider if the remote computing service provider 25
107	107	voluntarily discloses the location information: 26
108	108	(i) Under a belief that an emergency exists involving an imminent risk to an individual of 27
109	109	death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping, or 28
110	110	human trafficking; or 29
111	111	(ii) That is inadvertently discovered by the remote computing service provider and appears 30
112	112	to pertain to the commission of a felony, or of a misdemeanor involving physical violence, sexual 31
113	113	abuse, or dishonesty. 32
114	114	(f) A law enforcement agency may obtain stored or transmitted data from an electronic 33
115	115	device, or electronic information or data transmitted by the owner of the electronic information or 34
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119	119	data to a remote computing service provider, without a warrant: 1
120	120	(1) With the informed consent of the owner of the electronic device or electronic 2
121	121	information or data; 3
122	122	(2) In accordance with a judicially recognized exception to the warrant requirement; 4
123	123	(3) In connection with a report forwarded by the National Center for Missing and Exploited 5
124	124	Children under 18 U.S.C. § 2258(A); or 6
125	125	(4) From the remote computing service provider if the remote computing service provider 7
126	126	voluntarily discloses the location information: 8
127	127	(i) Under a belief that an emergency exists involving an imminent risk to an individual of 9
128	128	death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping, or 10
129	129	human trafficking; or 11
130	130	(ii) That is inadvertently discovered by the remote computing service provider and appears 12
131	131	to pertain to the commission of a felony, or of a misdemeanor involving physical violence, sexual 13
132	132	abuse, or dishonesty. 14
133	133	(g) A prosecutor, may obtain a judicial order based on a finding of probable cause, 15
134	134	consistent with 18 U.S.C. § 2703 and 18 U.S.C. § 2702, to the electronic communications system 16
135	135	or service or remote computing service provider that owns or controls the Internet protocol address, 17
136	136	websites, email address, or service to a specific telephone number, requiring the production of the 18
137	137	following information, if available, upon providing in the court order the Internet protocol address, 19
138	138	email address, telephone number, or other identifier, and the dates and times the address, telephone 20
139	139	number, or other identifier suspected of being used in the commission of the offense; 21
140	140	(1) Names of subscribers, service customers, and users; 22
141	141	(2) Addresses of subscribers, service customers, and users; 23
142	142	(3) Records of session times and durations; 24
143	143	(4) Length of service, including the start date and types of service utilized; and 25
144	144	(5) Telephone or other instrument subscriber numbers or other subscriber identifiers, 26
145	145	including any temporarily assigned network address. 27
146	146	(h) An electronic communication service provider or remote computing service provider, 28
147	147	their officers, agents, employees or other specified individuals acting pursuant to and in accordance 29
148	148	with the provisions of this chapter, may not be held liable for providing information, facilities, or 30
149	149	assistance in good faith reliance on the terms of the warrant or without a warrant in accordance 31
150	150	with subsections (e) and (f) of this section. 32
151	151	(i) Nothing in this chapter affects the provisions of chapter 2 of title 38, (access to public 33
152	152	records act,) or limits or affects the rights of an employer to voluntarily provide location 34
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156	156	information, stored or transmitted data from an electronic device, or electronic information or data 1
157	157	transmitted by an employee utilizing an electronic device owned by the employer. 2
158	158	12-34-4. Notification required - Delayed notification. 3
159	159	(a) Except as provided in subsection (b) of this section, a law enforcement agency that 4
160	160	executes a warrant pursuant to this chapter, shall, within fourteen (14) days after the day on which 5
161	161	the electronic information or data that is the subject of the warrant is obtained by the law 6
162	162	enforcement agency, issue a notification to the owner of the electronic device or electronic 7
163	163	information or data specified in the warrant that includes the following information: 8
164	164	(1) That a warrant was applied for and granted; 9
165	165	(2) The kind of warrant issued; 10
166	166	(3) The period of time during which the collection of the electronic information or data was 11
167	167	authorized; 12
168	168	(4) The offense specified in the application for the warrant; 13
169	169	(5) The identity of the law enforcement agency that filed the application; and 14
170	170	(6) The identity of the judge or magistrate who issued the warrant. 15
171	171	(b) The notification requirement of subsection (a) of this section, shall not be triggered 16
172	172	until the owner of the electronic device or electronic information or data specified in the warrant is 17
173	173	known, or could reasonably be identified, by the law enforcement agency. 18
174	174	(c) A law enforcement agency seeking a warrant pursuant to this chapter may submit a 19
175	175	request, and the court may grant permission, to delay notification required by subsection (a) of this 20
176	176	section for a period not to exceed thirty (30) days, if the court determines that there is reasonable 21
177	177	cause to believe that the notification may: 22
178	178	(1) Endanger the life or physical safety of an individual; 23
179	179	(2) Cause a person to flee from prosecution; 24
180	180	(3) Lead to the destruction of evidence; 25
181	181	(4) Intimidate a potential witness; or 26
182	182	(5) Otherwise seriously jeopardize an investigation or unduly delay a trial. 27
183	183	(d) When a delay of notification is granted under subsection (c) of this section and upon 28
184	184	application by the law enforcement agency, the court may grant additional extensions of up to thirty 29
185	185	(30) days each. 30
186	186	(e) Notwithstanding subsection (d) of this section, when a delay of notification is granted 31
187	187	under subsection (c) of this section, and upon application by a law enforcement agency, the court 32
188	188	may grant an additional extension of up to sixty (60) days if the court determines that a delayed 33
189	189	notification is justified because the investigation involving the warrant: 34
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193	193	(1) Is interstate in nature and sufficiently complex; or 1
194	194	(2) Is likely to extend up to or beyond an additional sixty (60) days. 2
195	195	(f) Upon expiration of the period of delayed notification granted under subsections (c) or 3
196	196	(d) of this section, the law enforcement agency shall serve upon or deliver by first-class mail, or by 4
197	197	other means if delivery is impracticable, to the owner of the electronic device or electronic 5
198	198	information or data a copy of the warrant together with notice that: 6
199	199	(1) States with reasonable specificity the nature of the law enforcement inquiry including: 7
200	200	(i) The information described in subsection (a) of this section; 8
201	201	(ii) A statement that notification of the search was delayed; 9
202	202	(iii) The name of the court that authorized the delay of notification; and 10
203	203	(iv) A reference to the provision of this chapter that allowed the delay of notification. 11
204	204	(g) A law enforcement agency is not required to notify the owner of the electronic device 12
205	205	or electronic information or data if the owner is located outside of the United States. 13
206	206	12-34-5. Third-party electronic information or data. 14
207	207	(a) As used in this section, "subscriber record" means a record or information of a provider 15
208	208	of an electronic communication service or remote computing service that reveals the subscriber's 16
209	209	or customer's: 17
210	210	(1) Name; 18
211	211	(2) Address; 19
212	212	(3) Local and long distance telephone connection record, or record of session time and 20
213	213	duration; 21
214	214	(4) Length of service, including the start date; 22
215	215	(5) Type of service used; 23
216	216	(6) Telephone number, instrument number, or other subscriber or customer number or 24
217	217	identification, including a temporarily assigned network address; and 25
218	218	(7) Means and source of payment for the service, including credit card or bank account 26
219	219	numbers. 27
220	220	(b) Except for purposes of grand jury testimony or use at trial after indictment, a law 28
221	221	enforcement agency may not obtain, use, copy or disclose a subscriber record. 29
222	222	(c) A law enforcement agency may not obtain, use, copy or disclose, for a criminal 30
223	223	investigation or prosecution, any record or information, other than a subscriber record, of a provider 31
224	224	of an electronic communication service or remote computing service related to a subscriber or 32
225	225	customer without a warrant. 33
226	226	(d) Notwithstanding subsections (b) and (c) of this section, a law enforcement agency may 34
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230	230	obtain, use, copy or disclose a subscriber record, or other record or information related to a 1
231	231	subscriber or customer, without a warrant: 2
232	232	(1) With the informed, affirmed consent of the subscriber or customer; 3
233	233	(2) In accordance with a judicially recognized exception to warrant requirements; 4
234	234	(3) If the subscriber or customer voluntarily discloses the record in a manner that is publicly 5
235	235	accessible; or 6
236	236	(4) If the provider of an electronic communication service or remote computing service 7
237	237	voluntarily discloses the record: 8
238	238	(i) Under a belief that an emergency exists involving the imminent risk to an individual of: 9
239	239	(A) Death; 10
240	240	(B) Serious physical injury; 11
241	241	(C) Sexual abuse; 12
242	242	(D) Live-streamed sexual exploitation; 13
243	243	(E) Kidnapping; or 14
244	244	(F) Human trafficking; 15
245	245	(ii) That is inadvertently discovered by the provider, if the record appears to pertain to the 16
246	246	commission of: 17
247	247	(A) A felony; or 18
248	248	(B) A misdemeanor involving physical violence, sexual abuse or dishonesty; or 19
249	249	(iii) Subject to subsection (d) of this section, as otherwise permitted under 18 U.S.C. § 20
250	250	2702. 21
251	251	(e) A provider of an electronic communication service or remote computing service, or the 22
252	252	provider's officers, agents, or other specified persons may not be held liable for providing 23
253	253	information facilities, or assistance in good faith reliance on the terms of a warrant issued under 24
254	254	this section, or without a warrant in accordance with subsection (d) of this section. 25
255	255	12-34-6. Exclusion of records. 26
256	256	All electronic information or data and records of a provider of an electronic communication 27
257	257	service or remote computing service pertaining to a subscriber or customer that are obtained in 28
258	258	violation of the provisions of this chapter shall be subject to the rules governing exclusion as if the 29
259	259	records were obtained in violation of the Fourth Amendment to the United States Constitution and 30
260	260	Article 1, Section 6 of the Rhode Island Constitution. 31
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264	264	SECTION 2. This act shall take effect upon passage. 1
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271	271	EXPLANATION
272	272	BY THE LEGISLATIVE COUNCIL
273	273	OF
274	274	A N A C T
275	275	RELATING TO CRIMINAL PROCEDURE -- ELECTRONIC INFORMATI ON AND DATA
276	276	PRIVACY ACT
277	277	***
278	278	This act would require law enforcement agencies to obtain search warrants for electronic 1
279	279	information, data, location information and other identifying information of subscribers and 2
280	280	customers, except in specified circumstances. 3
281	281	This act would take effect upon passage. 4
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