§ 9-1-640 — Administrative subpoena authority for investigations of child exploitation

(a) In any investigation relating to a state offense
involving sexual exploitation of children under W.S. 6-4-303,
and upon reasonable cause to believe that an Internet service
account has been used in the exploitation or attempted
exploitation of children, the attorney general or his chief
deputy may issue in writing and cause to be served a subpoena
requiring the production and testimony described in subsection
(b) of this section.
(b) Except as provided in subsection (c) of this section,
a subpoena issued under this section may require the production
of any records or other documentation relevant to the
investigation including:
(i) Electronic mail address;
(ii) Internet username;
(iii) Internet protocol address;
(iv) Name of account holder;
(v) Billing and service address;
(vi) Telephone number;
(vii) Account status;
(viii) Method of access to the Internet;
(ix) Automatic number identification records if
access is by modem.
(c) The provider of electronic communication service or
remote computing service shall not disclose the following except
pursuant to a warrant:
(i) In-transit electronic communications;
(ii) Account memberships related to Internet groups,
newsgroups, mailing lists or specific areas of interest;
(iii) Account passwords;
(iv) Account content to include:
(A) Electronic mail in any form;
(B) Address books or contact/"buddy" lists;
(C) Financial records;
(D) Internet proxy content or "Web surfing"
history;
(E) Files or other digital documents stored
within the account or pursuant to use of the account.
(d) At any time before the return date specified on the
subpoena, the person summoned may, in the district court in
which the person resides or does business, petition for an order
modifying or setting aside the subpoena, or a prohibition of
disclosure by a court.
(e) A subpoena under this section shall describe the
objects required to be produced and shall prescribe a return
date within a reasonable period of time within which the objects
can be assembled and made available.
(f) If no case or proceeding arises from the production of
records or other documentation pursuant to this section within a
reasonable time after those records or documentation are
produced, the attorney general shall either destroy the records
and documentation or return them to the person who produced
them.
(g) A subpoena issued under this section may be served by
any person who is at least eighteen (18) years of age and who is
designated in the subpoena to serve it. Service upon a natural
person may be made by personal delivery of the subpoena to him.
Service may be made upon a corporation or partnership or other
unincorporated association which is subject to suit under the
common name, by delivering the subpoena to an officer, to a
managing or general agent, or to any other agent authorized by
appointment or by law to receive service of process. The
affidavit of the person serving the subpoena together with a
true copy thereof shall be proof of service.
(h) The attorney general shall annually report the
following information to the joint judiciary interim committee
no later than February 1 for the preceding calendar year:
(i) The number of requests for administrative
subpoenas made under this section;
(ii) The number of administrative subpoenas issued
under this section;
(iii) The number of administrative subpoenas issued
under this section that were contested;
(iv) The number of administrative subpoenas issued
under this section that were suppressed;
(v) The number of search warrants that were issued as
a consequence of the issuance of an administrative subpoena
under this section;
(vi) The number of individuals who were prosecuted
under W.S. 6-4-303 following the issuance of an administrative
subpoena under this section.
(j) Except as provided in subsection (h) of this section
any information, records or data reported or obtained pursuant
to subpoena under this section shall remain confidential and
shall not be further disclosed unless in connection with a
criminal case related to the subpoenaed materials.