Texas 2017 - 85th Regular

Texas House Bill HB2622

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the issuance of subpoenas or certain other court orders with respect to an online service provider in the investigation or prosecution of certain criminal offenses.

Impact

The passage of HB2622 would significantly affect the legal landscape regarding how online service providers interact with law enforcement in Texas. It establishes explicit guidelines that online service providers must follow when served with subpoenas or related orders. This could strengthen law enforcement's ability to conduct timely investigations, potentially leading to more efficient resolution of criminal cases involving online activity. However, the disparate impact of this law on privacy rights and the operational burdens placed on online businesses may invite scrutiny and debate.

Summary

House Bill 2622 addresses the protocols surrounding the issuance of subpoenas and other court orders related to online service providers in the context of criminal investigations or prosecutions. Specifically, the bill outlines the conditions under which these entities must comply with legal requests made by law enforcement agencies. It emphasizes stringent timelines for compliance, particularly in urgent situations that threaten severe harm to individuals. The intent of the bill is to ensure that online service providers facilitate the timely collection of important data that may be critical in criminal cases.

Sentiment

The sentiment surrounding HB2622 appears to be mixed. Proponents argue that enhanced cooperation between law enforcement and online service providers is essential for addressing modern criminal offenses that increasingly occur online. They see the bill as a necessary measure to protect public safety and support law enforcement efforts. Conversely, critics raise concerns about privacy implications and the potential for overreach in the enforcement of subpoenas, fearing that this could lead to undue surveillance or the compromise of individual privacy rights.

Contention

Notable points of contention regarding HB2622 revolve around balancing effective law enforcement with respect for privacy rights. The urgency clause requiring rapid compliance for threats of serious harm is particularly contentious, as it may pressure online providers to act quickly without adequate oversight. Additionally, there are concerns about the expanded definition of online service providers and how this could encompass a broad range of companies, potentially leading to unintended consequences for small businesses and user privacy. As awareness of these issues grows, continued debate and potential amendments to the bill may be necessary to address these concerns.

Companion Bills

TX SB1203

Identical Relating to the issuance of subpoenas or certain other court orders with respect to an online service provider in the investigation or prosecution of certain criminal offenses.

Similar Bills

TX SB1203

Relating to the issuance of subpoenas or certain other court orders with respect to an online service provider in the investigation or prosecution of certain criminal offenses.

LA HB193

Authorizes the use of administrative subpoenas when investigating sex offenses involving children through use of a computer (EN NO IMPACT See Note)

TX SB1843

Relating to investigations of certain offenses involving the Internet-based sexual exploitation of a minor; creating the Internet crimes against children account to support those activities.

TX HB3746

Relating to investigations of certain offenses involving the Internet-based sexual exploitation of a minor; creating the Internet crimes against children account to support those activities.

LA HB227

Provides relative to subpoena duces tecum when investigating sex offenses involving human trafficking

CA SB471

Subpoenas: service.