SB44 — Changes to Existing Law | SD Legislature Tracker

NEW SECTION added to Chapter 1-11

Terms used in this Act mean: (1) "Investigative subpoena," a written demand issued by the attorney general or the attorney general's designee, after judicial approval, requiring the production of business records relevant to an official criminal investigation; (2) "Provider," any: (a) Electronic communication service that provides users with the ability to send or receive wire or electronic communications; (b) Electronic service provider that offers users the ability to send or receive wire or electronic communications, or to process or store data by means of an electronic communication system; (c) Internet service provider engaged in the business of providing computer access or internet connectivity to the public or to subscribers; (d) Remote computing service that provides computer storage or processing services to the public, by means of an electronic communications system; or (e) Telecommunications carrier that provides telecommunications services; and (3) "Reasonable cause," a belief based on specific and articulable facts that the business records sought are relevant and material to an active criminal investigation. 23