Bill > H3460

This bill amends South Carolina law to establish clear procedures for law enforcement, circuit solicitors, and the Attorney General to obtain electronic communications records from service providers. Under the new law, these officials can require disclosure of electronic communications, transactional records, and subscriber information through federal legal mechanisms such as court orders, search warrants, and subpoenas. The bill specifically authorizes courts to issue statewide orders for obtaining electronic records, and allows the Attorney General, circuit solicitors, and State Law Enforcement Division to issue subpoenas for electronic records related to ongoing criminal investigations. The law applies to South Carolina corporations, businesses domiciled in the state, and foreign businesses operating in South Carolina. Service providers are granted immunity from legal proceedings when they provide information in good faith in response to a valid legal request, though intentional violations can result in contempt of court. The bill incorporates federal definitions of electronic communication terms and emphasizes that it does not expand the obligations of electronic communication service providers beyond existing legal frameworks. The law will take effect upon the Governor's approval.

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https://www.scstatehouse.gov/billsearch.php?billnumbers=3460&session=126&summary=B