Child exploitation-administrative subpoenas.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0026

ENROLLED ACT NO. 24, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to crimes and offenses; authorizing administrative subpoenas to investigate sexual exploitation of children by way of the Internet; specifying items that may be required to be produced under the subpoena; providing limitations on items that are required to be produced; providing for the destruction or return of items as specified; specifying the process for the issuance and service of, and challenge to, the subpoena; providing for confidentiality of subpoenaed materials as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 9
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640 is created to read:

9
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640.

Administrative subpoena authority for investigations of child exploitation.

(a)

In any investigation relating to a state offense involving sexual exploitation of children under W.S. 6
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303, and upon reasonable cause to believe that an Internet service account has been used in the exploitation or attempted exploitation of children, the attorney general or his chief deputy may issue in writing and cause to be served a subpoena requiring the production and testimony described in subsection (b) of this section.

(b)

Except as provided in subsection (c) of this section, a subpoena issued under this section may require the production of any records or other documentation relevant to the investigation including:

(i)

Electronic mail address;

(ii)

Internet username;

(iii)

Internet protocol address;

(iv)

Name of account holder;

(v)

Billing and service address;

(vi)

Telephone number;

(vii)

Account status;

(viii)

Method of access to the Internet;

(ix)

Automatic number identification records if access is by modem.

(c)

The provider of electronic communication service or remote computing service shall not disclose the following except pursuant to a warrant:

(i)

In-transit electronic communications;

(ii)

Account memberships related to Internet groups, newsgroups, mailing lists or specific areas of interest;

(iii)

Account passwords;

(iv)

Account content to include:

(A)

Electronic mail in any form;

(B)

Address books or contact/"buddy" lists;

(C)

Financial records;

(D)

Internet proxy content or "Web surfing" history;

(E)

Files or other digital documents stored within the account or pursuant to use of the account.

(d)

At any time before the return date specified on the subpoena, the person summoned may, in the district court in which the person resides or does business, petition for an order modifying or setting aside the subpoena, or a prohibition of disclosure by a court.

(e)

A subpoena under this section shall describe the objects required to be produced and shall prescribe a return date within a reasonable period of time within which the objects can be assembled and made available.

(f)

If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation are produced, the attorney general shall either destroy the records and documentation or return them to the person who produced them.

(g)

A subpoena issued under this section may be served by any person who is at least eighteen (18) years of age and who is designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a corporation or partnership or other unincorporated association which is subject to suit under the common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena together with a true copy thereof shall be proof of service.

(h)

The attorney general shall annually report the following information to the
joint judiciary interim committee
no later than February 1 for the preceding calendar year:

(i)

The number of requests for administrative subpoenas made under this section;

(ii)

The number of administrative subpoenas issued under this section;

(iii)

The number of administrative subpoenas issued under this section that were contested;

(iv)

The number of administrative subpoenas issued under this section that were suppressed;

(v)

The number of search warrants that were issued as a consequence of the issuance of an administrative subpoena under this section;

(vi)

The number of individuals who were prosecuted under W.S. 6
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303 following the issuance of an administrative subpoena under this section.

(j)

Except as provided in subsection (h) of this section any information, records or data reported or obtained pursuant to subpoena under this section shall remain confidential and shall not be further disclosed unless in connection with a criminal case related to the subpoenaed materials.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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