INTRODUCED
BY K. Sullivan, B. Bennett, K. Bogner, P. Flowers, C. Knudsen
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING WARRANT REQUIREMENTS FOR THIRD-PARTY ELECTRONIC DATA; PROVIDING NOTIFICATION REQUIREMENTS; AMENDING SECTIONS 46-5-601 AND 46-5-602, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 46-5-601, MCA, is amended to read:
"46-5-601. Definitions. As used in this part, the following definitions apply:
(1) "Contents" means any information concerning the substance, purport, or meaning of a communication.
(2) (a) "Electronic communication" means:
(i) any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system; or
(ii) any aural transfer made or stored in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including but not limited to the use of the wire, cable, or other similar connection in a switching station.
(b) The term does not include:
(i) an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation;
(ii) a communication made through a tone-only paging device;
(iii) a communication from a tracking device, including an electronic or mechanical device that permits the tracking of the movement of a person or object; or
(iv) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.
(3) "Electronic communication service" means:
(a) a service that provides to users the ability to send or receive electronic communications;
(b) a service that provides to users computer storage or processing services; or
(c) a service that acts as an intermediary in the transmission of electronic communications.
(4) "Governmental entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency.
(5) (a) "Subscriber record" means a record of or information about an electronic communication service or remote computing service that reveals the subscriber's or customer's:
(i) name;
(ii) address;
(iii) local and long-distance telephone connection record, or record of session time and duration;
(iv) length of service, including start date;
(v) type of service used;
(vi) telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address; and
(vii) means and source of payment for the service.
(b) The term does not include customer proprietary network information as defined in 47 U.S.C. 222(h)(1)."
Section 2. Section 46-5-602, MCA, is amended to read:
"46-5-602. Search warrant or investigative subpoena required. (1) A governmental entity may only require disclosure by a provider of an electronic communication service of the contents of an electronic communication stored, held, or maintained, or transmitted by an electronic communication service that service other than a subscriber record pursuant to a search warrant or investigative subpoena issued by a court upon a finding of probable cause pursuant to Title 46, chapter 5, part 2, or Title 46, chapter 4, part 3.
(2) The electronic communications collected under this section must be deleted after the conclusion of the criminal investigation, postconviction and after all appeals have been exhausted, or in accordance with data retention requirements under the law.
(3) The warrant and investigative subpoena requirements of this section do not apply to the electronic communications of adults or youth currently incarcerated in a correctional facility."
Section 3. Effective date. [This act] is effective on passage and approval.