Bill Text - HB1282 (2022)

Relative to the records of communication common carriers.


Revision: Nov. 19, 2021, 1:28 p.m.

HB 1282  - AS INTRODUCED

 

 

2022 SESSION

22-2790

12/04

 

HOUSE BILL 1282

 

AN ACT relative to the records of communication common carriers.

 

SPONSORS: Rep. Yokela, Rock. 33

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill prohibits a communications common carrier from releasing customer information to a government entity unless requested pursuant to a valid search warrant or an exception to the warrant requirement.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2790

12/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to the records of communication common carriers.

 

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

 

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  RSA 7:6-b is repealed and reenacted to read as follows:

7:6-b Records of Communications Common Carriers.

I. Every communications common carrier, as defined in RSA 570-A:1, IX, shall require a valid search warrant before providing a government entity with any information related to its customers, unless the request falls under the exceptions listed in RSA 644-A:3.  Such information includes, but is not limited to:

(a) The names and addresses of persons to whom stated listed or unlisted telephone numbers are assigned.

(b) The names and addresses of persons to whom any stated or identified services are provided.

(c) 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.

(d) The length of service provided to a subscriber or customer by the communications common carrier.

(e) The types of services provided to the subscriber or customer by the communications common carrier.

(f) The telephone number or other subscriber number or identity.

II. No such communications common carrier 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 a valid search warrant, or if the request falls under the exceptions to the warrant requirement listed in RSA 644-A:3.

2  Effective Date.  This act shall take effect 60 days after its passage.