KRS § 500.120 — KY Code / Title L / Chapter 500 / Section 500.120
500.120 Subpoena power of Attorney General and commissioner of Department of Kentucky State Police in cases involving use of an internet service provider, social networking company, mobile payment service, or cloud storage service in the exploitation of children and other cases
Status: in_force

500.120 Subpoena power of Attorney General and commissioner of Department of

Kentucky State Police in cases involving use of an internet service provider,

social networking company, mobile payment service, or cloud storage service

in the exploitation of children and other cases.

(1) (a) In any investigation relating to an offense involving KRS 510.155,

530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340,

531.350, 531.360, or 531.370, and upon reasonable cause to believe that an

internet service provider, social networking company, mobile payment

service, or cloud storage service has been used in the exploitation or

attempted exploitation of children, or in any investigation of a violation of

KRS 17.546, 508.140, 508.150, 525.070, or 525.080 where there is reasonable

cause to believe that an internet service provider, social networking company,

mobile payment service, or cloud storage service has been used in the

commission of the offense, the Attorney General may issue in writing and

cause to be served a subpoena requiring the production and testimony

described in subsection (2) of this section.

(b) In any investigation relating to an offense involving KRS 510.155,

530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340,

531.350, 531.360, or 531.370, and upon reasonable cause to believe that an

internet service provider, social networking company, mobile payment

service, or cloud storage service has been used in the exploitation or

attempted exploitation of children, the commissioner of the Department of

Kentucky State Police may issue in writing and cause to be served a subpoena

requiring the production and testimony described in subsection (2) of this

section.

(2) Except as provided in subsection (3) of this section, a subpoena issued under this

section may require the production of any records or other documentation relevant

to the investigation, including:

(a) Electronic mail address;

(b) Internet username;

(c) Internet protocol address;

(d) Name of account holder;

(e) Billing and service address;

(f) Telephone number;

(g) Account status;

(h) Method of access to the internet; and

(i) Automatic number identification records if access is by modem.

(3) The internet service provider, social networking company, mobile payment service,

cloud storage service, or provider of electronic communication service or remote

computing service shall not disclose the following pursuant to a subpoena issued

under this section but shall disclose the information in obedience to a warrant:

(a) In-transit electronic communications;

(b) Account memberships related to internet groups, newsgroups, mailing lists or

specific areas of interest;

(c) Account passwords; and

(d) Account content including:

1. Electronic mail in any form;

2. Address books, contacts, or buddy lists;

3. Financial records;

4. Internet proxy content or web surfing history; and

5. Files or other digital documents stored with the account or pursuant to

use of the account.

(4) At any time before the return date specified on the subpoena, the person summoned

may, in the District Court in which the person resides or does business, petition for

an order modifying or setting aside the subpoena, or a prohibition of disclosure by a

court.

(5) A subpoena under this section shall describe the objects required to be produced

and shall prescribe a return date with a reasonable period of time within which the

objects can be assembled and made available.

(6) If no case or proceeding arises from the production of records or other

documentation pursuant to this section within a reasonable time after those records

or documentation is produced, the Attorney General shall either destroy the records

and documentation or return them to the person who produced them.

(7) A subpoena issued under this section may be served by any person who is at least

eighteen (18) years of age and who is designated in the subpoena to serve it. Service

upon a natural person may be made by personal delivery of the subpoena to him or

her. Service may be made upon a corporation or partnership or other unincorporated

association which is subject to suit under its common name, by delivering the

subpoena to an officer, to a managing or general agent, or to any other agent

authorized by appointment or by law to receive service of process. The affidavit of

the person serving the subpoena together with a true copy thereof shall be proof of

service.

(8) Except as provided in this section any information, records or data reported or

obtained pursuant to subpoena under this section shall remain confidential and shall

not be further disclosed unless in connection with a criminal case related to the

subpoenaed materials.