SB 434 – AS AMENDED BY THE SENATE
02/21/08 0774s
2008 SESSION
06/01
SENATE BILL 434
AN ACT relative to providers of electronic communication services and an extension for compliance with the REAL ID Act of 2005.
COMMITTEE: Energy, Environment and Economic Development
This bill
I. Deletes references to communications common carriers and adds references to providers of electronic communications service and remote computing services.
II. Requests the governor to apply for an extension from the federal government of the deadline for compliance with the REAL ID Act of 2005.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/21/08 0774s
08-2812
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to providers of electronic communication services and an extension for compliance with the REAL ID Act of 2005.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Providers of Electronic Communications Service and Remote Computing Services. Amend RSA 7:6-b to read as follows:
7:6-b Certain Records of [Communications Common Carriers] Providers of Electronic Communications Service and Remote Computing Services.
I. [Every communications common carrier, as defined in RSA 570-A:1, IX] Providers of electronic communications service, as defined in 18 U.S.C. section 2510(15) or remote computing services, as defined in 18 U.S.C. section 2711(2), upon the written demand of the attorney general that the attorney general has reasonable grounds for belief that the service furnished to a person or to a location by such communications common carrier has been, is being, or may be used for an unlawful purpose, shall furnish to the attorney general:
[(a) The names and addresses of persons to whom stated listed or unlisted telephone numbers are assigned.
(b)] (a) The names and addresses of persons to whom any stated or identified services are provided.
[(c)] (b) 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] telephone connection records, or records of session times and durations.
[(d)] (c) The length of service provided to a subscriber or customer [by the communications common carrier].
[(e)] (d) The types of services provided to the subscriber or customer [by the communications common carrier], and
[(f)] (e) The telephone or instrument number or other subscriber number or identity including any temporarily assigned network address.
(f) The means and source of payment for such service, including any credit card or bank account number.
II. No such [communications common carrier] provider of electronic communications services or remote computing services nor any agent, servant, or employee thereof, shall be civilly or criminally responsible or liable for furnishing or delivering any records or information in compliance with said demand and the attorney general shall not disclose any information obtained as a result of said demand except as it is essential to the proper discharge of the attorney general's duties. Any such written demand by the attorney general shall be understood to constitute an administrative subpoena for purposes of determining compliance with federal law.
III. The attorney general may delegate authority under this section to any assistant attorney general. Where the offense under investigation is defined in RSA 318-B or RSA 649-B, the attorney general may delegate authority under this section to a county attorney. A county attorney may further delegate authority under this section to any assistant county attorney in the county attorney's office. The county attorney may exercise this authority only in cases within the jurisdiction of that county attorney. The attorney general shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Circumstances under which an assistant attorney general, a county attorney, or an assistant county attorney may issue such demands to [communications common carriers] providers of electronic communications services or remote computing services under this section.
(b) The procedures for applying for such demands.
(c) The records of such demands which shall be kept and maintained.
2 REAL ID; Extension. The governor, or designee, is requested to apply for an extension from the federal government of the deadline for compliance with the REAL ID Act of 2005. Such a request shall not constitute “participation” in REAL ID in violation of state law. The governor, or designee, may request the assistance of the New Hampshire federal delegation in securing the necessary extension.
3 Effective Date.
I. Section 2 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.