2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 5. Search and Seizure › Part 6. Electronic Communications › 46-5-605. Notice -- delayed notice

46-5-605. Notice -- delayed notice.
(1) At or before the time that a governmental entity receives the contents of an electronic communication of a subscriber or customer from a provider of an electronic communication service pursuant to 46-5-602, the governmental entity shall serve upon or deliver to the subscriber or customer by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant or investigative subpoena:
(a) a copy of the warrant or investigative subpoena; and
(b) notice that informs the subscriber or customer:
(i) of the nature of the government inquiry with reasonable specificity;
(ii) that information maintained for the subscriber or customer by the provider of the electronic communication service named in the process or request was supplied to or requested by the governmental entity; and
(iii) of the date on which the warrant or investigative subpoena was served on the provider.
(2) (a) A governmental entity that is seeking a warrant or investigative subpoena under 46-5-602 may include in the application for the warrant or investigative subpoena a request for an order delaying the notification required under subsection (1) of this section for a period of not more than 1 year.
(b) A governmental entity that is obtaining the contents of an electronic communication may apply to a court for an order directing the provider of an electronic communication service to which a warrant or investigative subpoena under 46-5-602 is directed not to notify any other person of the existence of the warrant or investigative subpoena for a period of not more than 1 year.
(c) A court shall grant a request for delayed notification made under subsection (2)(a) or (2)(b) if the court determines that there is reason to believe that notification of the existence of the warrant or investigative subpoena may result in:
(i) endangering the life or physical safety of an individual;
(ii) flight from prosecution;
(iii) destruction or tampering with evidence;
(iv) intimidation of potential witnesses; or
(v) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
(d) Upon request by a governmental entity, a court may grant one or more extensions of the delay of notification granted under subsection (2)(c) of not more than 180 days each.
(e) Upon expiration of the period of delay under subsection (2)(c) or (2)(d), the governmental entity shall serve upon or deliver to the subscriber or customer by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant or investigative subpoena, a notice that:
(i) includes the information referred to in subsection (1); and
(ii) informs the subscriber or customer:
(A) that notification of the subscriber or customer was delayed;
(B) of the identity of the court authorizing the delay; and
(C) of the provision of subsection (2)(c) under which the delay was authorized.
(3) (a) A warrant or investigative subpoena under 46-5-602 may be served only on a provider of an electronic communication that is a domestic entity or a company or entity otherwise doing business in this state under a contract or a terms of service agreement with a resident of this state if any part of that contract or agreement is to be performed in this state.
(b) The provider of an electronic communication shall produce all electronic customer data, contents of communications, and other information sought by the governmental entity pursuant to a valid warrant or investigative subpoena.
History: En. Sec. 3, Ch. 246, L. 2017.