HB659 Alabama 2013 Session

Summary

Primary Sponsor

Laura Hall Representative

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

Description

Under existing law, a court or magistrate may issue a warrant for the search of a place and the seizure of property or things identified in the warrant where there is probable cause to believe that specified grounds exist.

This bill would provide for a warrant procedure for the acquisition of stored communications and other identifying information in the possession of a foreign corporation that is a provider of electronic communication services or remote computing services, and procedures for an Alabama corporation that provides electronic communication services or remote computing services when served with a warrant issued by a court in another state.

This bill would prohibit a governmental entity from obtaining the contents of a wire or electronic communication from a provider of electronic communication services or remote computing services that is stored, held, or maintained by that service provider without a valid search warrant issued by a duly authorized judge or magistrate, with jurisdiction over the offense under investigation, using established warrant procedures.

This bill would prohibit, except as provided, a person or entity providing electronic communication services or remote computing services from knowingly divulging to any person or entity the contents of a wire or electronic communication that is stored, held, or maintained by that service provider.

This bill would also provide civil remedies for violations, including possible punitive damages, attorney's fees, and court costs.

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Subjects

Searches and Seizures