§ 39-2-20.1. Internet service providers — Duty to disclose certain information.
(a) As used in this chapter:
(1) "Electronic communication service� means any service that provides to its users the
ability to send or receive wire or electronic communications.
(2) "Foreign entities� means any entity that makes a contract or engages in a term of
service agreement with a resident of the state of Rhode Island and a foreign entity.
(3) "Internet service provider� means an entity offering the transmission, routing, or
providing of connections of digital online communications, between or among points
specified by a user, of material of the user's choosing, without modification to the
content of the material as sent or received and includes a provider of online services
or network access, including entities that provide an electronic communication service
or remote computing service, but does not mean the offering on a common carrier basis
of telecommunication facilities or of telecommunications.
(4) "Proper service� means the delivery of a search warrant or an administrative subpoena
by hand, by United States mail, by commercial delivery service, by facsimile, or by
any other manner to any officer of a corporation or its general manager in the state
of Rhode Island to any natural person designated by the entity as its agent for service
of process, or if the corporation has designated a corporate agent.
(5) "Remote computing service� means the provision to the public of computer storage or
processing services by means of an electronic communication system.
(6) "Service of process on a foreign entity� means that the service of a search warrant
or subpoena that is properly served on the foreign entity shall have the same legal
force and effect as if served personally within the state of Rhode Island.
(b)(1) An internet service provider, as defined herein, shall disclose subscriber account
information consisting of the name, address, IP address, and telephone numbers associated
with the account to the attorney general or to the superintendent of the Rhode Island
state police upon proper service, and with certification under oath by the attorney
general or by the superintendent of the Rhode Island state police, that the information
is necessary for an officially documented criminal investigation or prosecution of
criminal complaint based on probable cause related to: the exploitation for commercial
or immoral purposes, pursuant to § 11-9-1; child nudity prohibited in publications pursuant to § 11-9-1.1; child pornography prohibited pursuant to § 11-9-1.3; employment of children for unlawful purposes pursuant to § 11-9-2; seizure and custody of exploited child — proceedings as against neglected child
pursuant to § 11-9-3; contributing to delinquency pursuant to § 11-9-4; cruelty to or neglect of child pursuant to § 11-9-5; indecent solicitation of a child pursuant to § 11-37-8.8; access to computer for fraudulent purposes pursuant to § 11-52-2; intentional access, alteration, damage, or destruction pursuant to § 11-52-3; cyberstalking prohibited pursuant to § 11-52-4.2; violation of restraining order pursuant to § 11-52-4.3; use of false information pursuant to § 11-52-7, video voyeurism pursuant to § 11-64-2, online impersonation pursuant to § 11-52-7.1, and/or electronically disseminating indecent material to minors prohibited pursuant
to § 11-9-1.5.
(2) A duly authorized law enforcement person, as designated above, after issuing a certification
pursuant to this section, if an arrest, grand jury proceeding, or any criminal prosecution
does not result within sixty (60) days, shall apply to a judge for a search warrant
as soon as practicable, but not later than seventy-five (75) days after issuance of
the certification. In the event that the application is not approved, no information
obtained or evidence derived from the subpoena shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or before any court, grand
jury, department, office, agency, regulatory body, legislative committee, or other
governmental authority or committee, and no information concerning any person acquired
from the subpoena shall subsequently be used or disclosed in any other manner by state
or local officers or employees without the consent of such person.
(c) An administrative subpoena issued to an internet service provider shall authorize
the release of non-content-based subscriber information identifying the name, address,
and telephone number of the account along with the internet protocol number.
(d) Notwithstanding any provision of this chapter, or any other provision of the general
or public laws to the contrary, telephone records may not be released by an internet
service provider pursuant to an administrative subpoena. The Rhode Island superior
court shall have the authority to enforce the administrative subpoenas upon application
by the issuing law enforcement authority.
(e) The attorney general and/or the superintendent of the Rhode Island state police who
issues an administrative subpoena to internet service providers related to: the exploitation
for commercial or immoral purposes, pursuant to § 11-9-1; child nudity prohibited in publications pursuant to § 11-9-1.1; child pornography prohibited pursuant to § 11-9-1.3; employment of children for unlawful purposes pursuant to § 11-9-2; seizure and custody of exploited child — proceedings as against neglected child
pursuant to § 11-9-3; contributing to delinquency pursuant to § 11-9-4; cruelty to or neglect of child pursuant to § 11-9-5; indecent solicitation of a child pursuant to § 11-37-8.8; access to computer for fraudulent purposes pursuant to § 11-52-2; intentional access, alteration, damage, or destruction pursuant to § 11-52-3; cyberstalking prohibited pursuant to § 11-52-4.2; violation of restraining order pursuant to § 11-52-4.3; use of false information pursuant to § 11-52-7; video voyeurism pursuant to § 11-64-2; online impersonation pursuant to § 11-52-7.1; and/or electronically disseminating indecent material to minors prohibited pursuant
to § 11-9-1.5, shall provide an annual report to the general assembly each year detailing the following:
(1) The number of administrative subpoenas issued in the previous year;
(2) The number of separate criminal investigations for which the administrative subpoenas
were issued and whether the administrative subpoenas resulted in an arrest, indictment,
or criminal information;
(3) The number of investigations that remain part of a pending investigation;
(4) The number that resulted in the closing of a criminal investigation as unfounded;
and
(5) The number of investigations that did not result in an arrest, grand jury proceeding,
or any criminal prosecution due to an inability to identify the subscriber.
(f) The attorney general's office and the Rhode Island state police shall compile and
forward the reports to the general assembly on an annual basis by March 31 of each
year for the previous year. The reports shall be a public record.
(g) No cause of action shall lie in any court against any internet service provider, its
officers, employees, or agents for furnishing or disclosing information, in strict
compliance with this section.
(h) No law enforcement officer, or any party to these investigations under this section,
shall disclose any information obtained as a result of this section, except as it
is essential to the proper discharge of their duties.