HB659 Alabama 2013 Session

Sponsors

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

<p class="bill_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</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_description"> This bill would also provide civil remedies for violations, including possible punitive damages, attorney's fees, and court costs</p><p class="bill_entitled_an_act"> Relating to searches and seizures; to provide for a warrant procedure for the acquisition of stored communications and other identifying information in the possession of foreign and domestic corporations; to 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 without a valid search warrant; and to provide civil remedies for the unauthorized disclosure of the contents of a wire or electronic communication by a service provider. </p>

Subjects

Searches and Seizures