Connecticut § 54-260b - Criminal investigation of registrants using the Internet. Ex parte court order to compel disclosure of basic subscriber information of registrants.

§ 54-260b. Criminal investigation of registrants using the Internet. Ex parte court order to compel disclosure of basic subscriber information of registrants.

Sec. 54-260b. Criminal investigation of registrants using the Internet. Ex parte court order to compel disclosure of basic subscriber information of registrants. (a) For the purposes of this section:

(1) “Basic subscriber information” means: (A) Name, (B) address, (C) age or date of birth, (D) electronic mail address, instant message address or other similar Internet communication identifier, and (E) subscriber number or identity, including any assigned Internet protocol address;

(2) “Electronic communication” means “electronic communication” as defined in 18 USC 2510, as amended from time to time;

(3) “Electronic communication service” means “electronic communication service” as defined in 18 USC 2510, as amended from time to time;

(4) “Registrant” means a person required to register under section 54-251, 54-252, 54-253 or 54-254; and

(5) “Remote computing service” means “remote computing service” as defined in section 18 USC 2711, as amended from time to time.

(b) The Commissioner of Emergency Services and Public Protection shall designate a sworn law enforcement officer to serve as liaison between the Department of Emergency Services and Public Protection and providers of electronic communication services or remote computing services to facilitate the exchange of non-personally-identifiable information concerning registrants.

(c) Whenever such designated law enforcement officer ascertains from such exchange of non-personally-identifiable information that there are subscribers, customers or users of such providers who are registrants, such officer shall initiate a criminal investigation to determine if such registrants are in violation of the registration requirements of section 54-251, 54-252, 54-253 or 54-254 or of the terms and conditions of their parole or probation by virtue of being subscribers, customers or users of such providers.

(d) Such designated law enforcement officer may request an ex parte order from a judge of the Superior Court to compel a provider of electronic communication service or remote computing service to disclose basic subscriber information pertaining to subscribers, customers or users who have been identified by such provider to be registrants. The judge shall grant such order if the law enforcement officer offers specific and articulable facts showing that there are reasonable grounds to believe that the basic subscriber information sought is relevant and material to the ongoing criminal investigation. The order shall state upon its face the case number assigned to such investigation, the date and time of issuance and the name of the judge authorizing the order. The law enforcement officer shall have any ex parte order issued pursuant to this subsection signed by the authorizing judge within forty-eight hours or not later than the next business day, whichever is earlier.

(e) A provider of electronic communication service or remote computing service shall disclose basic subscriber information to such designated law enforcement officer when an order is issued pursuant to subsection (d) of this section.

(f) A provider of electronic communication service or remote computing service that provides information in good faith pursuant to an order issued pursuant to subsection (d) of this section shall be afforded the legal protections provided under 18 USC 3124, as amended from time to time, with regard to such actions.

(June Sp. Sess. P.A. 07-4, S. 98; P.A. 10-36, S. 32; P.A. 11-51, S. 134.)

History: P.A. 10-36 amended Subsec. (a) to delete former Subdiv. (6) defining “wire communication”, effective July 1, 2010; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, in Subsec. (b), effective July 1, 2011.

See Sec. 53a-261a re location of an offense committed by means of communication transmitted by use of an electronic communication service.