§ 39-2-20. Communications common carriers — Duty to disclose certain information.
(a) A communications common carrier, as defined in § 12-5.1-1, shall disclose to the attorney general, or an assistant attorney general specially
designated by the attorney general, or any chief of police, the director of the statewide
fugitive task force, or the superintendent of state police, the names, addresses,
and telephone numbers of persons to whom nonpublished service is furnished upon written
certification by the attorney general, or assistant attorney general, or any chief
of police, the director of the statewide fugitive task force, or the superintendent
of state police that the information is necessary for an investigation of or prosecution
of criminal violations of the laws of Rhode Island. No cause of action shall lie in
any court against any communications common carrier, its officers, employees, or agents
for furnishing or disclosing the information in accordance with the certification.
The attorney general, or any chief of police, or the superintendent of state police,
or the director of the statewide fugitive task force shall not disclose any information
obtained as a result of the written certification except as it is essential to the
proper discharge of their duties.
(b)(1) Upon request of a law enforcement agency, a wireless telecommunications carrier shall
provide device location information concerning the telecommunications device of the
user to the requesting law enforcement agency in order to respond to a call for emergency
services or in an emergency situation that involves the risk of death or serious physical
injury to any person and requires disclosure without delay of information relating
to the emergency.
(2) Notwithstanding any other provision of law to the contrary, nothing in this section
prohibits a wireless telecommunications carrier from establishing protocols by which
the carrier could voluntarily disclose device location information.
(3) No cause of action shall lie in any court against any wireless telecommunications
carrier, its officers, employees, agents, or other specified persons for providing
device location information while acting in good faith and in accordance with the
provisions of this section.
(4) All wireless telecommunications carriers registered to do business in the state of
Rhode Island or submitting to the jurisdiction thereof and all resellers of wireless
telecommunications services shall submit their emergency contact information to the
Rhode Island division of public safety's E-911 unit in order to facilitate requests
from a law enforcement agency for call location information in accordance with this
section. This contact information must be submitted annually by June 15 or immediately
upon any change in contact information.
(5) The Rhode Island division of public safety's E-911 unit shall maintain a database
containing emergency contact information for all wireless telecommunications carriers
registered to do business in the state of Rhode Island and shall make the information
immediately available upon request to all public safety answer points in the state.
(c) This section shall be known and may be cited as the "Kelsey Smith Act.�