Bill Text: NJ A3022 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires Internet service providers to retain data for law enforcement purposes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-06-07 - Introduced, Referred to Assembly Homeland Security and State Preparedness Committee [A3022 Detail]
Download: New_Jersey-2012-A3022-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Requires Internet service providers to retain data for law enforcement purposes.
CURRENT VERSION OF TEXT
As introduced.
An Act regarding data retention and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For the purposes of this act:
"Domain name" means a case-insensitive alphabetical or alphanumeric sequence used to define the location of a website and internet protocol addresses;
"Electronic communication" means communication that is facilitated by any wired or wireless technology via the Internet or any other electronic media, including but not limited to electronic mail, instant messaging, video conferencing, and web camera;
"Host name" means a label that is assigned to a device connected to a computer network and that is used to identify the device in various forms of electronic communication such as the Internet or electronic mail;
"Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks;
"Internet protocol address" means a numerical label assigned to each device participating in a computer network that uses the internet protocol for communication and provides host or network interface identification and location addressing;
"Internet service provider" means any person, business or organization qualified to do business in this State that provides individuals, corporations, or other entities with the ability to connect to the Internet through equipment that is located in this State;
"Data retention period" means the period of 12 months preceding the current month that the subscriber records under section 2 of P.L. , c. (C. )(pending before the Legislature as this bill.) are to be maintained by an Internet service provider before the records are eligible for disposal;
"Subscriber" means any person, corporation or other entity that utilizes the services of an Internet service provider or accesses a website;
"Website" means any collection of material placed in a computer server-based file archive so that it is publicly accessible over the Internet and which conducts business in this State by receiving income derived from allowing New Jersey residents to access the content presented on the website;
"Website operator" means any person, business or organization that has ownership or control over a website as defined in this section.
2. Following the effective date of this act, any Internet service provider conducting business in this State shall, during the data retention period as defined under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), maintain the following subscriber records:
a. information on the subscriber or user' name and address;
b. connection records and records of session times and durations;
c. length of service and types of service utilized;
d. subscriber number or identity, including any temporarily assigned network address; and
e. a log of the subscriber or user's internet destination history information, including the Internet protocol address, domain name, and host name.
3. a. During the course of an investigation, a law enforcement agency may require an Internet service provider located in this State to disclose the subscriber records required to be maintained pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). A law enforcement agency receiving records or information pursuant to this section is not required to provide notice to the subscriber.
b. Upon the request of a law enforcement agency conducting an investigation, a website operator as defined under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall take all necessary steps to preserve, for a period of 24 hours, a log of subscriber information enumerated under section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The preservation period shall be extended for an additional 90 days upon the request of the law enforcement agency.
c. An Internet service provider shall disclose the information required to be maintained pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) to a law enforcement agency, or a website operator required to maintain a log of information in accordance with subsection b. of this section shall disclose that information to a law enforcement agency under the following circumstances:
(1) the law enforcement agency has obtained a warrant;
(2) the law enforcement agency has obtained a court order for such disclosure under subsection d. of this section; or
(3) the law enforcement agency believes in good faith that an emergency involving danger of death or serious bodily injury requires cooperation from the Internet service provider or website operator without delay of information relating to the emergency.
d. Notwithstanding any other provision of law to the contrary, an Internet service provider or website operator, its officers, employees, agents or other specified persons shall not be liable in any civil action for damages as a result of providing information, facilities or assistance in accordance with the terms of a court order or warrant issued under this section.
e. A court order for disclosure under subsection c. of this section may be issued by a judge of competent jurisdiction and shall be issued only if the law enforcement agency offers specific and articulable facts showing that there are reasonable grounds to believe that the record or other information pertaining to a subscriber that utilizes the services of an Internet service provider or website operator is relevant and material to an ongoing criminal investigation. A judge who has issued an order pursuant to this section, on a motion made promptly by the Internet service provider or website operator, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider or website operator.
4. If a law enforcement authority determines that a website is being utilized by a subscriber to engage in or commit criminal activity, the law enforcement authority may order the website to temporarily cease operation until the conclusion of the investigation, unless the lead law enforcement officer conducting the investigation reasonably believes that continued operation of the website is necessary to collect evidence relating to criminal activity.
5. The failure of an Internet service provider or website operator to comply with sections 2 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall constitute an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.).
6. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill requires Internet service providers (ISPs) to retain a record of certain Internet user activity conducted during the preceding year. The bill also requires websites to maintain a log of Internet user information upon the request of a law enforcement agency that is conducting an investigation. Specifically, the Internet user information to be submitted to law enforcement officials under the bill include: an internet user's name and address; connection records and records of session times and durations; the length of service and types of service utilized; a number or identity including any temporarily assigned network address; and the user's internet destination history information, including the Internet protocol address, domain name, and host name.
The bill allows law enforcement entities access to this information upon attaining a warrant or court order. The bill also requires that this information be disclosed if exigent circumstances exist and members of the law enforcement agency believe in good faith that a death or serious bodily injury will result if this information is not disclosed. Any officer, employee, or agent of an ISP or website is not liable in a civil action for damages as a result of providing information, facilities or assistance in accordance with the terms of a court order or warrant issued under the bill.
An Internet service provider or website operator that fails to comply with the provisions of the bill is guilty of an unlawful practice. An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured.
The ability of ISPs and websites to retain data can serve as a vital tool in the areas of crime and terrorism prevention. Internet data that is collected by law enforcement officials during the course of an investigation can assist in identifying criminal suspects, examining their contacts and co-conspirators, and determining a suspect's specific location at a certain time.
