2012 Kentucky Revised Statutes CHAPTER 500 GENERAL PROVISIONS 500.120 Subpoena power of Attorney General in cases involving use of an Internet service account in the exploitation of children and other cases.
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500.120 Subpoena power of Attorney General in cases involving use of an Internet
service account in the exploitation of children and other cases.
(1)
(2)
(3)
(4)
In any investigation relating to an offense involving KRS 510.155, 530.064(1)(a),
531.030, 531.040, 531.310, 531.320, 531.335, 531.340, 531.350, 531.360, or
531.370, and upon reasonable cause to believe that an Internet service account has
been used in the exploitation or attempted exploitation of children, or in any
investigation of a violation of KRS 17.546, 508.140, 508.150, 525.070, or 525.080
where there is reasonable cause to believe that an Internet service account has been
used in the commission of the offense, the Attorney General may issue in writing
and cause to be served a subpoena requiring the production and testimony described
in subsection (2) of this section.
Except as provided in subsection (3) of this section, a subpoena issued under this
section may require the production of any records or other documentation relevant
to the investigation including:
(a) Electronic mail address;
(b) Internet username;
(c) Internet protocol address;
(d) Name of account holder;
(e) Billing and service address;
(f) Telephone number;
(g) Account status;
(h) Method of access to the Internet; and
(i) Automatic number identification records if access is by modem.
The provider of electronic communication service or remote computing service
shall not disclose the following pursuant to a subpoena issued under this section but
shall disclose the information in obedience to a warrant:
(a) In-transit electronic communications;
(b) Account memberships related to Internet groups, newsgroups, mailing lists or
specific areas of interest;
(c) Account passwords; and
(d) Account content including:
1.
Electronic mail in any form;
2.
Address books, contacts, or buddy lists;
3.
Financial records;
4.
Internet proxy content or Web surfing history; and
5.
Files or other digital documents stored with the account or pursuant to
use of the account.
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
(5)
(6)
(7)
(8)
court.
A subpoena under this section shall describe the objects required to be produced
and shall prescribe a return date with a reasonable period of time within which the
objects can be assembled and made available.
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 is produced, the Attorney General shall either destroy the records
and documentation or return them to the person who produced them.
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 its 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.
Except as provided in 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.
Effective: June 25, 2009
History: Created 2009 Ky. Acts ch. 100, sec. 11, effective June 25, 2009.
Legislative Research Commission Note (6/25/2009). Under the authority of KRS 7.136,
the Reviser of Statutes has renumbered the paragraphs of subsection (2) of this
section.
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