Existing federal law: (1) regulates the ability of federal, state and local governmental entities to access certain records stored on the Internet; and (2) sets forth certain requirements governing the disclosure of such information. (18 U.S.C. § 2701-2713) In general, existing federal law authorizes a governmental entity to require an Internet service provider that provides a remote computing service to disclose the contents of a wire or electronic communication that has been in electronic storage pursuant to a court order, subpoena or warrant. (18 U.S.C. § 2703) Under existing state law, a provider of Internet service who violates federal law is guilty of a misdemeanor, punishable by a fine of not more than $500. Existing state law also: (1) authorizes certain governmental entities to compel a provider of Internet service to disclose certain information pertaining to a user or subscriber pursuant to a subpoena; and (2) requires a provider of Internet service to keep certain information confidential. (NRS 179.467, 193.340) For the purpose of these provisions, existing state law defines the term “provider of Internet service” to mean any provider who provides subscribers with access to the Internet or an electronic email address, or both. (NRS 205.4758) Section 5 of this bill expands this definition to include a provider of Internet service who provides subscribers or customers with a remote computing service. Section 5 thereby: (1) provides that a provider of Internet service who provides a remote computing service is guilty of a misdemeanor under certain circumstances; (2) authorizes certain governmental entities to compel any such provider to disclose certain information pursuant to a subpoena; and (3) requires any such provider to keep certain information confidential. Section 2 of this bill defines the term “electronic communications system” to mean any: (1) wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications; and (2) computer facilities or related electronic equipment for the electronic storage of such communications. Section 3 of this bill defines the term “remote computing service” to mean the provision to the public of computer storage or processing services by means of an electronic communications system. Section 4 of this bill makes a conforming change to prescribe the applicability of the definitions set forth in sections 2 and 3.

Statutes affected:
As Introduced: 205.473, 205.4758