View Amendment Current Amendment: 6 to Bill 74

Rep. CASKEY proposes the following amendment (LC-74.SA0003H):

Amend the bill, as and if amended, SECTION 1, by striking Section 17-13-142(B), (C), (D), (F), (G), (H), and (I) and inserting:

 Section 17-13-142. (A) A law enforcement officer, circuit solicitor, or the Attorney General may require the disclosure of stored wire, digital, or electronic communications, as well as transactional records and subscriber information pertaining to them, to the extent and under the procedures and conditions provided for by federal law.
 (B) A provider of electronic communication service or remote computing service shall provide subscriber information as well as the contents of, and transactional records pertaining to, wire, digital, or electronic communications in its possession or reasonably accessible when a requesting law enforcement officer, a circuit solicitor, or the Attorney General complies with the provisions for access pursuant to federal law.
(C)(B) This section specifically authorizes a court of competent jurisdiction in this State, as defined by 18 U.S.C. Section 2711, to issue appropriate orders pursuant to the requirements and procedures of 18 U.S.C. Section 2703(d) for production of stored wire, digital, or electronic transactional records or subscriber information. These orders have statewide application and application to the extent provided by federal law.
(D)(C) This section specifically authorizes a court of competent jurisdiction in this State, as defined by 18 U.S.C. Section 2711, to issue search warrants pursuant to the procedures established by Section 17-13-140, notwithstanding any jurisdictional limitations contained in that section, for production of stored wire, digital, or electronic communications and transactional records pertaining to them. Search warrants have statewide application to the extent provided by federal law.
(E)(D) The Attorney General may issue a subpoena to an electronic communication service or remote computing service to compel disclosure or production of the name and address of a subscriber if any stored subscriber or customer information pursuant to 18 U.S.C. Section 2703(c)(2). A subpoena may only be issued under the authority provided for in this section upon a showing that the information sought is material and relevant to an investigation conducted by the Internet Crimes Against Children Task Force of the Attorney General's Office. Subpoenas may not be issued under this section to the extent the subpoena is authorized under other federal or state statutes.
 (F) A South Carolina corporation or business entity that provides electronic communication services or remote computing services to the general public, when served with a valid subpoena, court order, or warrant issued by another state to produce records that could reveal the identity of the customers using those services, data stored by or on behalf of the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant had been issued by a court of competent jurisdiction in this State. This provision applies to businesses organized pursuant to the laws of South Carolina, businesses whose domicile or principal place of business is in South Carolina, foreign businesses where the electronic data in question is stored in South Carolina, and foreign corporate entities doing business in the State of South Carolina.
 (G) An intentional violation of this section is punishable as contempt of court. However, a provider of electronic communication service or remote computing service is immune from any civil, criminal, or other proceeding against a communications service provider or its directors, officers, employees, agents, or vendors for providing information in good faith in response to a warrant, court order, or valid subpoena issued pursuant to this section.
 (H) All terms used in this section must be defined consistent with 18 U.S.C. Section 2510, 18 U.S.C. Section 2711, and Section 17-30-15.
 (I) Nothing herein expands the obligations of electronic communications service providers.

Renumber sections to conform.

Amend title to conform.