Sec. 54-47aa. Ex parte court order to compel disclosure of certain telephone and Internet records.
Sec. 54-47aa. Ex parte court order to compel disclosure of certain telephone
and Internet records. (a) For the purposes of this section:
(1) "Basic subscriber information" means: (A) Name, (B) address, (C) local and
long distance telephone connection records or records of session times and durations,
(D) length of service, including start date, and types of services utilized, (E) telephone
or instrument number or other subscriber number or identity, including any assigned
Internet protocol address, and (F) means and source of payment for such service, including any credit card or bank account number;
(2) "Call-identifying information" means dialing or signaling information that identifies the origin, direction, destination or termination of each communication generated
or received by a subscriber or customer by means of any equipment, facility or service
of a telecommunications carrier;
(3) "Electronic communication service" means "electronic communication service" as defined in 18 USC 2510, as amended from time to time;
(4) "Law enforcement official" means the Chief State's Attorney, a state's attorney,
an inspector with the Division of Criminal Justice, a sworn member of the Division of
State Police within the Department of Public Safety or a sworn member of an organized
local police department;
(5) "Remote computing service" means "remote computing service" as defined in
section 18 USC 2711, as amended from time to time; and
(6) "Telecommunications carrier" means "telecommunications carrier" as defined
in 47 USC 1001, as amended from time to time.
(b) A law enforcement official may request an ex parte order from a judge of the
Superior Court to compel (1) a telecommunications carrier to disclose call-identifying
information pertaining to a subscriber or customer, or (2) a provider of electronic communication service or remote computing service to disclose basic subscriber information
pertaining to a subscriber or customer. The judge shall grant such order if the law enforcement official states a reasonable and articulable suspicion that a crime has been or is
being committed or that exigent circumstances exist and such call-identifying or basic
subscriber information is relevant and material to an ongoing criminal investigation.
The order shall state upon its face the case number assigned to such investigation, the
date and time of issuance and the name of the judge authorizing the order. The law
enforcement official shall have any ex parte order issued pursuant to this subsection
signed by the authorizing judge within forty-eight hours or not later than the next business day, whichever is earlier.
(c) A telecommunications carrier shall disclose call-identifying information and a
provider of electronic communication service or remote computing service shall disclose
basic subscriber information to a law enforcement official when an order is issued pursuant to subsection (b) of this section.
(d) Not later than forty-eight hours after the issuance of an order pursuant to subsection (b) of this section, the law enforcement official shall mail notice of the issuance of
such order to the subscriber or customer whose call-identifying information or basic
subscriber information is the subject of such order, except that such notification may
be delayed for a period of up to ninety days upon the execution of a written certification
of such official to the judge who authorized the order that there is reason to believe that
notification of the existence of the order may result in (1) endangering the life or physical
safety of an individual, (2) flight from prosecution, (3) destruction of or tampering with
evidence, (4) intimidation of potential witnesses, or (5) otherwise seriously jeopardizing
the investigation. The law enforcement official shall maintain a true copy of such certification. During such ninety-day period, the law enforcement official may request the
court to extend such period of delayed notification. Such period may be extended beyond
ninety days only upon approval of the court.
(e) A telecommunications carrier or provider of electronic communication service
or remote computing service that provides information pursuant to an order issued pursuant to subsection (b) of this section shall be compensated for the reasonable expenses
incurred in providing such information.
(f) Any telecommunications carrier or provider of electronic communication service or remote computing service that provides information in good faith pursuant to
an order issued pursuant to subsection (b) of this section shall be afforded the legal
protections provided under 18 USC 3124, as amended from time to time, with regard
to such actions.
(g) Not later than January fifteenth of each year, each law enforcement official shall
report to the Chief State's Attorney the information required by this subsection with
respect to each order issued pursuant to subsection (b) of this section in the preceding
calendar year. The Chief State's Attorney shall, based upon the reports filed by each
law enforcement official and not later than January thirty-first of each year, submit a
report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to criminal law and
procedure concerning orders issued pursuant to subsection (b) of this section in the
preceding calendar year. The report shall include the following information: (1) The
number of orders issued, (2) whether the order was directed to a telecommunications
carrier, provider of electronic communication service or provider of remote computing
service, (3) whether the information sought was call-identifying information or basic
subscriber information, (4) the statutory offense or offenses that were the subject of the
investigation, (5) the number of notifications that were delayed pursuant to subsection
(d) of this section, and the reason for such delayed notification, (6) the number of motions
to vacate an order that were filed, and the number of motions granted or denied, (7) the
number of investigations concluded and the final result of such investigations, and (8)
the status of any criminal prosecution resulting from the investigation.
(P.A. 05-182, S. 1, 2.)