13-3018. Communication service records; subpoenas; application; certification; definition

A. This section applies to all communication service providers that do business in this state or that furnish communication services to persons within this state.

B. The prosecutor may issue a subpoena duces tecum to a communication service provider in order to obtain communication service records in connection with a criminal investigation or prosecution for any offense in which a prosecutor suspects that a computer or network was used.  This subsection does not prevent the prosecutor from obtaining a grand jury subpoena duces tecum.

C. The prosecutor who issues a subpoena pursuant to this section shall certify in the body of the subpoena that the information likely to be obtained is relevant to an ongoing criminal investigation.

D. An authorized representative of a communication service provider may certify communication service records that are obtained by subpoena if all of the following apply:

1. The records are the regular communication service records that are used and kept by the communication service provider.

2. The records are made at or near the time the underlying communications occur in the ordinary course of business.

3. The authorized representative certifies that the record produced in response to the subpoena is an accurate copy of the communication service provider records.

E. Certified communication service records that are obtained by subpoena may be introduced in evidence at a hearing or trial and constitute prima facie evidence of the facts contained in the records.

F. If a certification of communication service provider records is acknowledged by any notary or other officer who is authorized by law to take acknowledgments, the certification shall be received in evidence without further proof of its authenticity.

G. For the purposes of this section, "communication service records" includes subscriber information, including name, billing or installation address, length of service, payment method, telephone number, electronic account identification and associated screen names, toll bills or access logs, records of the path of an electronic communication between the point of origin and the point of delivery and the nature of the communication service provided, such as caller identification, automatic number identification, voice mail, electronic mail, paging or other service features.  Communication service records do not include the content of any stored oral, wire or electronic communication.