HB659 Alabama 2013 Session

Summary

Primary Sponsor

Laura HallRepresentative

Democrat

Session

Regular Session 2013

Title

Searches and seizures, certain electronic communication services providers precluded from release of stored electronic communications without a valid search warrant, penalties for violations

Summary

HB659 would set up a formal warrant process for obtaining stored electronic communications from service providers, restrict disclosures without a valid warrant, and allow civil penalties for violations.

What This Bill Does

It creates a warrant framework for stored communications held by foreign electronic communication or remote computing service providers and for Alabama providers when served with an out-of-state warrant. It bars government entities from obtaining content without a valid warrant and limits provider disclosures to specific exceptions. It sets timelines for production of records (five business days for foreign providers; Alabama providers must respond as if the warrant were from a local court) and allows delays in notifying the customer for up to 90 days with possible extensions, after which notices must be sent. It also establishes civil remedies for violations, including damages, attorney's fees, and potential punitive damages, and requires providers to verify records produced with an officer's affidavit.

Who It Affects

• Law enforcement and other governmental entities in Alabama, which must follow the warrant procedures, production timelines, and notification rules when seeking stored communications.
• Electronic communication service providers (foreign and Alabama corporations) and their officers/employees, which must protect contents, comply with warrants, handle cross-border requests, and may face civil penalties for violations.

Key Provisions

• Creates a warrant procedure for obtaining stored communications and identifying information from foreign ECSPs/RCS providers and for Alabama providers when served with an out-of-state warrant.
• Prohibits government entities from obtaining contents without a valid warrant and from disclosing contents except under listed exceptions.
• Allows civil remedies for violations, including damages (minimum $1,000), possible punitive damages in certain cases, and attorney's fees/costs.
• Defines key terms (e.g., foreign corporation, Alabama corporation, electronic communication services, remote computing services, proper service).
• Specifies production timelines: foreign providers must produce records within five business days; Alabama providers must respond as if the warrant were issued by an Alabama court.
• Allows a delay in warrant notification for up to 90 days with court approval, plus extensions of up to 90 days on the same grounds; after delay, requires notice to the subscriber with details of the inquiry and the grounds for delay.
• Requires providers to verify produced records with an officer's affidavit and allows certain protections/liability exemptions for complying with warrants.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Searches and Seizures