Bill > A1794

Introduced Session

This bill requires out-of-State corporations that provide electronic communication or remote computing services to produce certain customer information when required to do so by a New Jersey search warrant, court order or subpoena. The bill also requires in-State corporations that provide these services to produce customer information when required by an out-of-State search warrant, court order or subpoena. Specifically, foreign corporations that provide electronic communication or remote computing services to the general public are required to fully comply with New Jersey search warrants, court orders and subpoenas seeking such customer records as their identity, the data they store, and the nature and destination of their communications. The foreign corporation has five business days to produce the records, unless the court requires an earlier return date in order to avoid any potential adverse result. The court may grant the corporation more time to produce the information if good cause is shown and there would be no adverse result. The foreign corporation must provide an affidavit attesting to the authenticity of the records. The records would be admissible evidence. The corporation would have to apply to the court that issued the warrant or order to avoid compliance. This bill also requires domestic corporations that provide electronic communication services or remote computing services to the general public to fully comply with out-of-state search warrants, court orders and subpoenas seeking records that would reveal the identity of customers using those services and other pertinent information about those customers and their usage of those services. In addition to the requested records, a domestic corporation must provide an affidavit attesting to the authenticity and accuracy of the records produced in accordance with the rules of evidence of the requesting jurisdiction. A foreign or domestic corporation which provides records, information, facilities or assistance pursuant to this bill will be immune from any related civil liability. Violations of the bill's provisions would constitute contempt of court. In addition to the penalties imposed for contempt, the violator is subject to a civil penalty of between $10,000 and $50,000 and the court also may suspend or revoke a corporation's license to do business in the State.

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Erik Peterson (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/14/2020)