SB 199 — ELECTRONIC COMMUNICATIONS PRIVACY ACT

or e e 17 (2) obtains a court order under Subsection H e e n d 18 of this section.

= = l ] 19 H.

A court may issue an order authorizing the a l r i 20 retention of electronic communication information:

t e a t (1) only upon a finding that the conditions m m 21 e d r e 22 justifying the initial voluntary disclosure persist;

and c e r c 23 (2) lasting only for the time those conditions e a n b 24 persist or there is probable cause to believe that the u [ information constitutes criminal evidence.

.211931.1 - 7 - I.

Information retained as provided in Subsection H of this section shall be shared only with a person that agrees to limit the person's use of the information to the SB 199 Page 7 purposes identified in the court order and that:

e e 17 (1) an application for a warrant or order e e n d 18 authorizing the production of electronic information and, if = = l ] 19 applicable, a request supported by a sworn affidavit for an a l r i 20 order delaying notification as provided in Subsection B of t e a t Section 4 of the Electronic Communications Privacy Act;

or m m 21 e d r e 22 (2) a motion seeking approval of the emergency c e r c 23 disclosures that sets forth the facts giving rise to the e a n b 24 emergency and, if applicable, a request supported by a sworn u [ affidavit for an order delaying notification as provided in .211931.1 - 8 - Subsection B of Section 4 of the Electronic Communications Privacy Act.

A court that receives an application or motion SB 199 Page 8 as provided in Subsection J of this section shall promptly rule on the application or motion.

e e 17 (1) an originator, addressee or intended e e n d 18 recipient of an electronic communication to disclose any = = l ] 19 electronic communication information associated with that a l r i 20 communication;

t e a t (2) when a person that provides electronic m m 21 e d r e 22 communications services to its officers, directors, employees c e r c 23 or agents for those officers, directors, employees or agents to e a n b 24 carry out their duties, the person to disclose the electronic u [ communication information associated with an electronic .211931.1 - 9 - communication to or from the officer, director, employee or agent;

or (3) a service provider to provide subscriber SB 199 Page 9 information.

[NEW MATERIAL ] WARRANT--EMERGENCY--GOVERNMENT DUTIES--NOTIFICATION.-- A.

Except as otherwise provided in this section, a government entity that executes a warrant or obtains electronic information in an emergency as provided in Section 3 of the e e 17 Electronic Communications Privacy Act shall:

e e n d 18 (1) serve upon or deliver, by registered or = = l ] 19 first-class mail, electronic mail or other means reasonably a l r i 20 calculated to be effective, to the identified targets of the t e a t warrant or emergency request, a notice that informs the m m 21 e d r e 22 recipient that information about the recipient has been c e r c 23 compelled or requested and that states with reasonable e a n b 24 specificity the nature of the government investigation under u [ which the information is sought;

.211931.1 - 10 - (2) serve or deliver the notice:

or SB 199 Page 10 (b) in the case of an emergency, within three days after obtaining the electronic information;

The government entity shall support the request with a e e 17 sworn affidavit.

e e n d 18 (1) shall issue the order if the court = = l ] 19 determines that there is reason to believe that notification a l r i 20 may have an adverse result, but for no more than ninety days t e a t and only for the period that the court finds there is reason to m m 21 e d r e 22 believe that the notification may have that adverse result;

and c e r c 23 (2) may grant one or more extensions of the e a n b 24 delay of up to ninety days each on the grounds provided in u [ Paragraph (1) of this subsection.

.211931.1 - 11 - C.

When the period of delay of a notification ordered by a court as provided in Subsection B of this SB 199 Page 11 section expires, the government entity that requested the order shall serve upon or deliver, by registered or first-class mail, electronic mail or other means reasonably calculated to be effective, as specified by the court issuing the order, to the identified targets of the warrant:

and e e 17 (c) a statement of the grounds for the e e n d 18 court's determination to grant a delay in notifying the = = l ] 19 targeted person.

a l r i 20 D.

If there is no identified target of a warrant or t e a t emergency request at the time of the warrant's or request's m m 21 e d r e 22 issuance, the government entity shall submit to the attorney c e r c 23 general within three days after the execution of the warrant or e a n b 24 request issuance the information described in Subsection A of u [ this section.

If an order delaying notice is obtained under .211931.1 - 12 - Subsection B of this section, the government entity shall submit to the attorney general when the period SB 199 Page 12 of delay of the notification expires the information described in Subsection C of this section.

[NEW MATERIAL ] VIOLATIONS OF LAW.-- A.

A person in a trial, hearing or proceeding may move to suppress any electronic information obtained or retained in violation of the United States constitution, the e e 17 constitution of New Mexico or the Electronic Communications e e n d 18 Privacy Act.

The motion shall be made, determined and subject = = l ] 19 to review in accordance with the procedures provided in law.

a l r i 20 B.

The attorney general may commence a civil action t e a t to compel a government entity to comply with the Electronic m m 21 e d r e 22 Communications Privacy Act.

c e r c 23 C.

A natural person, service provider or other e a n b 24 recipient of a warrant, order or other legal process obtained u [ in violation of the United States constitution, the .211931.1SB -199 13Page -13 constitution of New Mexico or the Electronic Communications Privacy Act may petition the court that issued the warrant, order or process to void or modify it or order the destruction of any information obtained in violation of those sources of law.

[NEW MATERIAL ] ANNUAL REPORTING.-- A.

(2) the number of times each of the following e e 17 were sought and, for each, the number of records obtained:

e e n d 18 (a) electronic communication content;

= = l ] 19 (b) location information;

a l r i 20 (c) electronic device information, t e a t excluding location information;

and m m 21 e d r e 22 (d) other electronic communication c e r c 23 information;

and e a n b 24 (3) for each type of information listed in uSB [199 Page 14 Paragraph (2) of this subsection:

.211931.1 - 14 - (a) the number of times that type of information was sought or obtained under:

e e 17 (e) the number of times notice to e e n d 18 targeted persons was delayed and the average length of the = = l ] 19 delay;

a l r i 20 (f) the number of times records were t e a t shared with other government entities or any department or m m 21 e d r e 22 agency of the federal government and the government entity, c e r c 23 department or agency names with which the records were shared;

eSB a199 nPage b15 24 (g) for location information, the u [ average period for which location information was obtained or .211931.1 - 15 - received;

e e 17 C.

Nothing in the Electronic Communications Privacy e e n d 18 Act prohibits or restricts a service provider from producing an = = l ] 19 annual report summarizing the demands or requests it receives a l r i 20 under the Electronic Communications Privacy Act.

tSB e199 aPage t - 16 -25 m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .211931.1