Amends existing law to revise a provision regarding an administrative subpoena.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 689 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO ADMINISTRATIVE SUBPOENAS; AMENDING SECTION 19-3004A, IDAHO2 CODE, TO REVISE A PROVISION REGARDING AN ADMINISTRATIVE SUBPOENA; AND3 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 19-3004A, Idaho Code, be, and the same is hereby6 amended to read as follows:7 19-3004A. ADMINISTRATIVE SUBPOENA -- ELECTRONIC COMMUNICATION AND8 REMOTE COMPUTING SERVICES. (1) A provider of an electronic communication9 service or remote computing service that is transacting or has transacted10 any business in the state shall disclose the following to a prosecuting at-11 torney or the attorney general pursuant to an administrative subpoena issued12 by the prosecuting attorney or attorney general:13 (a) Records and information in its possession containing the name, ad-14 dress, local and long distance telephone connection records, or records15 of session times and durations, length of service, including the start16 date; and17 (b) Records and information in its possession containing the types of18 service utilized, telephone or instrument number or other subscriber19 number or identity, including any temporarily assigned network ad-20 dress; and21 (c) Records and information in its possession relating to the means and22 source of payment for such service pertaining to a subscriber to or cus-23 tomer of such service.24 The provider of an electronic communication service or remote computing25 service shall deliver the records to the prosecuting attorney or attorney26 general within fourteen (14) days of receipt of the subpoena.27 (2) For the purpose of this section, the following definitions shall28 apply:29 (a) "Electronic communication service" has the same meaning as pro-30 vided in section 18-6701(13), Idaho Code.31 (b) "Remote computing service" means the provision to the public of32 computer storage or processing service by means of an electronic commu-33 nications system as defined in section 18-6701(12), Idaho Code.34 (3) In order to obtain the records or information, the prosecuting35 attorney or attorney general shall certify on the face of the subpoena that36 there is reason to believe that the records or information being sought are37 relevant to a legitimate law enforcement investigation concerning a viola-38 tion of section 18-1505B, 18-1506, 18-1506A, 18-1507, 18-1507C, 18-1508,39 18-1508A, 18-1509, 18-1509A, 18-1515, 18-2202, or 18-6605, Idaho Code.40 (4) No subpoena issued pursuant to this section shall demand records41 that disclose the content of electronic communications or subscriber42

2 account records disclosing internet locations which have been accessed in-1 cluding, but not limited to, websites, chat channels and news groups, but2 excluding servers used to initially access the internet. No recipient of a3 subpoena issued pursuant to this section shall provide any such content or4 records accessed, in response to the subpoena.5 (5) On a motion made by the electronic communication service or remote6 computing service provider prior to the time for appearance or the produc-7 tion of documents under the subpoena issued pursuant to this section, a court8 of competent jurisdiction may quash or modify the administrative subpoena if9 the provider establishes that the records or other information requested are10 unusually voluminous in nature or if compliance with the subpoena would oth-11 erwise cause an undue burden on the service provider.12 (6) No cause of action shall lie in any court against an electronic13 communication service or remote computing service provider, its officers,14 employees, agents or other specified persons for providing information,15 facilities or assistance in accordance with the terms of an administrative16 subpoena issued under this section.17 (7) A person who is subpoenaed under this section and who fails to ap-18 pear or produce materials as required by the subpoena, or who refuses to be19 sworn or give testimony, may be found to be in contempt of court. Proceed-20 ings to hold a person in contempt under this subsection may be brought in the21 county where the subpoena was issued.22 (8) Nothing in this section shall limit the right of a prosecuting at-23 torney or the attorney general to otherwise obtain records or information24 from a provider of electronic communication service or remote computing ser-25 vice pursuant to a search warrant, a court order or a grand jury or trial sub-26 poena.27

SECTION 2. An emergency existing therefor, which emergency is hereby28 declared to exist, this act shall be in full force and effect on and after29 July 1, 2026.30