HB1770: requiring the state to obtain a warrant for telephone and wireless telephone subscriber or customer information and billing records.

HB 1770 – AS INTRODUCED

2006 SESSION

06-3021

09/10

HOUSE BILL 1770

AN ACT requiring the state to obtain a warrant for telephone and wireless telephone subscriber or customer information and billing records.

SPONSORS: Rep. Kurk, Hills 7

COMMITTEE: Judiciary

ANALYSIS

This bill requires the state to obtain a warrant based on probable cause to request telephone and wireless telephone subscriber or customer information and billing records from communications common carriers.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-3021

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT requiring the state to obtain a warrant for telephone and wireless telephone subscriber or customer information and billing records.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Attorney General; Certain Records of Communications Common Carriers; Warrant Required. RSA 7:6-b is repealed and reenacted to read as follows:

7:6-b Certain Records of Communications Common Carriers; Warrant Required.

I. Except as provided in paragraph II, the attorney general shall obtain a warrant based on probable cause prior to requesting that a communications common carrier, as defined in RSA 570-A:1, IX, furnish to the attorney general any subscriber or customer information and any local and long distance billing records for any subscriber to, or customer of, telephone service or wireless telephone service as defined in RSA 638:21, XI.

II. Notwithstanding the provisions of paragraph I, the attorney general may require, without obtaining a warrant, a communications common carrier to provide the information and billing records described in paragraph I if the attorney general has the written consent of the subscriber or customer to such disclosure.

III. Except as provided in paragraph II, the attorney general shall not use any other means, either direct or indirect, to obtain subscriber or customer information and billing records without obtaining the warrant required under paragraph I.

2 Effective Date. This act shall take effect January 1, 2007.