REPORT TITLE:
Subpoenas


DESCRIPTION:
Permits use of an administrative subpoena issued by the attorney
general or trial subpoena to obtain records or other information
pertaining to a subscriber or customer of a provider of
electronic communications or remote computing services.
Clarifies information to be obtained.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1491       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SUBPOENAS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 803-47.6, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (d) to read as follows:
 
 3      "(d) (1)  A provider of electronic communication or remote
 
 4           computing services may disclose a record or other
 
 5           information pertaining to a subscriber or customer of
 
 6           such service (other than the contents of any electronic
 
 7           communication) to any person other than a governmental
 
 8           entity.
 
 9      (2)  A provider of electronic communication or remote
 
10           computing services shall disclose a record or other
 
11           information pertaining to a subscriber or customer of
 
12           such service (other than the contents of an electronic
 
13           communication) to a governmental entity only when:
 
14          [(A)  Presented with a grand jury subpoena;
 
15           (B)] (A)  Presented with a search warrant;
 
16          [(C)] (B)  Presented with a court order for such
 
17                disclosure; [or
 
18           (D)] (C)  The consent of the subscriber or customer to
 
19                such disclosure has been obtained[.]; or
 

 
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                                     H.B. NO.1491       
                                                        
                                                        

 
 1           (D)  Presented with an administrative subpoena issued
 
 2                pursuant to section 28-2.5 or a grand jury or
 
 3                trial subpoena, which seeks the disclosure of the
 
 4                name, address, local and long distance telephone
 
 5                toll billing records, telephone number or other
 
 6                subscriber number or identity, length of service
 
 7                of a subscriber to or customer of the service, and
 
 8                the types of service the subscriber or customer
 
 9                utilized."
 
10      SECTION 2.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 3.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY:_________________________