AN ACT Relating to protecting minors from sexual exploitation; adding a new chapter to Title 10 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Victims of child pornography often experience severe and lasting harm from the permanent memorialization of the crimes committed against them. Child victims endure depression, withdrawal, anger, and other psychological disorders. Each and every time such an image is viewed, traded, printed, or downloaded, the child in that image is victimized again.

Investigators and prosecutors report serious challenges with combating child pornography because offenders can act anonymously on the internet. Investigators track the trading of child pornography by using internet protocol addresses, which are unique identifiers that each computer is assigned when it accesses the internet. Under federal law, if an internet service provider is presented with a subpoena and an internet protocol address by law enforcement, the provider must turn over the names and addresses of account holders matched to it. Access to such information allows investigators to efficiently evaluate investigative leads and determine whether to request a warrant for a specific internet user. However, investigators in Washington have not been able to utilize this federal law due to the absence of statutory administrative subpoena authority in state law.

The legislature hereby authorizes law enforcement to utilize the limited use of administrative subpoena authority contained within this act for the sole purpose of investigating crimes involving the sexual exploitation of children. The subpoena authority is restricted to customer and subscriber information that providers are already required to release under federal law. The subpoena authority is not a replacement for or a means of bypassing warrant procedures. The subpoena authority strikes a balance between the need to efficiently address the horrific practices of child abuse and child pornography and the need to protect the constitutional right to privacy of citizens.

(1) "Electronic communication service" means any service that provides to users the ability to send or receive wire or electronic communications.

(2) "Provider" means a provider of electronic communication services or remote computing services.

(3) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system.

(2) A subpoena issued under this section must describe the information or records required to be produced and specify a return date within a reasonable period of time within which the information or records can be assembled and made available.

(3) A subpoena issued under this section may not require a provider to produce any customer or subscriber records or information other than the following:

(a) Name;

(b) Address;

(c) Local and long distance telephone connection records, or records of session times and durations;

(d) Length of service and types of service utilized;

(e) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and

(f) Means and source of payment for such service, including any credit card or bank account number.

(4) A provider may not disclose the existence of a subpoena to the subscribers or customers whose records or information are requested or released under the subpoena for ninety days from the date of receipt of the subpoena.

(2) A provider disclosing records or information is not required to provide notice to a subscriber or customer whose information or records are disclosed to a governmental entity as a result of a subpoena under this chapter.

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