§803-47.6  Requirements for governmental
access.  (a)  A governmental entity may require the disclosure by a
provider of electronic communication service of the contents of an electronic
communication that has been in electronic storage for one hundred and eighty
days or less, where storage has taken place, pursuant to a search warrant
only.  A governmental entity may require the disclosure by a provider of
electronic communication service of the contents of an electronic communication
that has been in electronic storage for more than one hundred and eighty days
by the means available under subsection (b) of this section.



(b)  A governmental entity may require a
provider of remote computing services to disclose the contents of any
electronic communication to which this subsection is made applicable by
subsection (c) of this section:



(1)  Without notice to the subscriber or customer, if
a search warrant has been obtained; or



(2)  With prior notice to the subscriber or customer,
if a court order for disclosure under subsection (d) of this section has been
obtained; except that delayed notice may be authorized by the order.



(c)  Subsection (b) of this section is
applicable to any electronic communication held or maintained on a remote
computing service:



(1)  On behalf of, and received by electronic
transmission from (or created by computer processing of communications received
by electronic transmission from), a subscriber or customer of the remote
computing service; and



(2)  Solely for the purpose of providing storage or
computer processing services to the subscriber or customer, if the provider is
not authorized to access the contents of those communications for any purpose
other than storage or computer processing.



  (d)(1)  A provider of electronic communication service or
remote computing service may disclose a record or other information pertaining
to a subscriber to, or customer of, the service (other than the contents of any
electronic communication) to any person other than a governmental entity.



(2)  A provider of electronic communication service or
remote computing service shall disclose a record or other information
pertaining to a subscriber to, or customer of, the service (other than the
contents of an electronic communication) to a governmental entity only when:



(A)  Presented with a search warrant;



(B)  Presented with a court order for the
disclosure;



(C)  The consent of the subscriber or customer
to the disclosure has been obtained; or



(D)  Presented with an administrative subpoena
authorized by statute, an attorney general subpoena, or a grand jury or trial
subpoena, which seeks the disclosure of information concerning electronic
communication, including but not limited to the name, address, local and long
distance telephone billing records, telephone number or other subscriber number
or identity, and length of service of a subscriber to or customer of the
service, and the types of services the subscriber or customer utilized.



(3)  A governmental entity receiving records or
information under this subsection is not required to provide notice to a
subscriber or customer.



(e)  A court order for disclosure under
subsection (b) or (c) of this section shall issue only if the governmental
entity demonstrates probable cause that the contents of a wire or electronic
communication, or records or other information sought, constitute or relate to
the fruits, implements, or existence of a crime or are relevant to a legitimate
law enforcement inquiry.  An order may be quashed or modified if, upon a motion
promptly made, the service provider shows that compliance would be unduly
burdensome because of the voluminous nature of the information or records
requested, or some other stated reason establishing such a hardship.



(f)  No cause of action shall lie in any court
against any provider of wire or electronic communication service, its officers,
employees, agents, or other specified persons for providing information,
facilities, or assistance in accordance with the terms of a court order,
warrant, or subpoena.



(g)  A provider of wire or electronic
communication services or a remote computing service, upon the request of a
governmental entity, shall take all necessary steps to preserve records and
other evidence in its possession pending the issuance of a court order or other
process.  Records shall be retained for a period of ninety days, which shall be
extended for an additional ninety-day period upon a renewed request by the
governmental entity. [L 1989, c 164, pt of §1; am L 2000, c 91, §1; am L 2006,
c 200, pt of §4]