Note
Heading reenacted by L 2006, c 200, pt of §4.
Law Journals and Reviews
Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83 (1978).
The Lum Court and the First Amendment. 14 UH L. Rev. 395 (1992).
Case Notes
Warrantless recordation by party to conversation did not violate this part. 64 H. 659, 649 P.2d 346 (1982).
Provisions of this part and article I, §7 of state constitution not relevant to question of legality of electronic eavesdropping activities conducted in California. 83 H. 187, 925 P.2d 357 (1996).
§803-47.6 Requirements for governmental access. (a) A governmental entity may require the disclosure by a provider of electronic communication service of the contents of an electronic communication pursuant to a search warrant only.
(b) A governmental entity may require a provider of remote computing services to disclose the contents of any electronic communication pursuant to a search warrant only.
(c) Subsection (b) of this section is applicable to any electronic communication held or maintained on a remote computing service:
(1) On behalf of, and received by electronic transmission from (or created by computer processing of communications received by electronic transmission from), a subscriber or customer of the remote computing service; and
(2) Solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of those communications for any purpose other than storage or computer processing.
(d)(1) A provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to, or customer of, the service (other than the contents of any electronic communication) to any person other than a governmental entity.
(2) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to, or customer of, the service (other than the contents of an electronic communication) to a governmental entity only when:
(A) Presented with a search warrant;
(B) Presented with a court order, which seeks the disclosure of transactional records, other than real-time transactional records;
(C) The consent of the subscriber or customer to the disclosure has been obtained; or
(D) Presented with an administrative subpoena authorized by statute, an attorney general subpoena, or a grand jury or trial subpoena, which seeks the disclosure of information concerning electronic communication, including but not limited to the name, address, local and long distance telephone billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of the service, and the types of services the subscriber or customer utilized.
(3) A governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer.
(e) A court order for disclosure under subsection (d) shall issue only if the governmental entity demonstrates probable cause that the records or other information sought, constitute or relate to the fruits, implements, or existence of a crime or are relevant to a legitimate law enforcement inquiry. An order may be quashed or modified if, upon a motion promptly made, the service provider shows that compliance would be unduly burdensome because of the voluminous nature of the information or records requested, or some other stated reason establishing such a hardship.
(f) No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, or subpoena.
(g) A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process. Records shall be retained for a period of ninety days, which shall be extended for an additional ninety-day period upon a renewed request by the governmental entity. [L 1989, c 164, pt of §1; am L 2000, c 91, §1; am L 2006, c 200, pt of §4; am L 2014, c 226, §1]
Section: Previous 803-44.5 803-44.6 803-44.7 803-45 803-46 803-47 803-47.5 803-47.6 803-47.7 803-47.8 803-47.9 803-48 803-48.5 803-49 803-50 NextLast modified: October 27, 2016