§ 35-33-5-11 — Electronic user data held in electronic storage

Indiana § 35-33-5-11

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 5: Search and Seizure

Text

(a) This subsection does not apply to
electronic or video toll collection facilities or activities authorized
under any of the following:
(1) IC 8-15-2.
(2) IC 8-15-3.
(3) IC 8-15.5.
(4) IC 8-15.7.
(5) IC 8-16.
(6) IC 9-21-3.5.
A law enforcement officer may not compel a user to provide a passkey,
password, or keycode to any electronic communication service,
electronic device, or electronic storage, or any form of stored electronic
user data, without a valid search warrant issued by a judge using search
warrant procedures.
(b) A judge may issue a court order under this section for electronic
user data held in electronic storage, including the records and
information related to a wire communication or electronic
communication held in electronic storage, by a provider of an
electronic communication service or a provider of a remote computing
service regardless of whether the user data is held at a location in
Indiana or at a location in another state.
(c) A judge may issue a court order under this section on a service
provider that is a corporation or entity that is incorporated or organized
under the laws of Indiana or a company or business entity doing
business in Indiana under a contract or terms of a service agreement
with an Indiana resident. The service provider shall produce all
information sought, as required by the court order.
(d) Any Indiana corporation that provides electronic communication
services or remote computing services to the public shall comply with
a valid court order issued in another state that is seeking the
information described in this section, if the court order is served on the
corporation.

Legislative History

As added by P.L.170-2014, SEC.21.