Senate gives second reading to bill allowing state solicitors and AG to subpoena electronic-provider records in state proceedings
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Summary
S.74 would authorize certain state law-enforcement actors to require disclosure of electronic communications and related records from providers under state subpoena authority; sponsors said the bill expedites access now routed through federal channels.
The Senate on Feb. 11 gave second reading to S.74, a bill that would authorize state law-enforcement actors — circuit solicitors, the attorney general and certain state investigative agencies — to issue subpoenas requiring electronic-communication providers and remote-computing services to disclose subscriber data and related records in specified investigations.
Senator Adams (Berkeley) explained the measure as providing state authorities an additional avenue to obtain electronic records "relevant to an ongoing case," describing it as a mechanism similar to federal procedures that would shorten the time needed to access provider-held records. Several senators asked whether the bill bypasses neutral judicial review or magistrates; Adams and others clarified the proposed process does not eliminate judicial oversight and is intended to allow state prosecutors to get timely access without waiting for federal-venue sign-off.
Senator Lieber (Charleston) noted the bill shortens the time federal processes required and said the authority would be exercised by the attorney general or a circuit solicitor rather than by all local law-enforcement agencies; other senators confirmed the bill was not designed to grant such subpoena power to municipal police departments.
Senator Clymer asked to be added as a cosponsor on the measure during floor proceedings; the request was granted by unanimous consent. The bill was given a second reading and will proceed in the legislative process. Sponsors said they will carry the bill forward for committee review and any additional drafting.
The transcript does not record a final passage vote on S.74; senators emphasized the bill’s purpose was expediency for complex electronic investigations rather than removing judicial checks.