The bill H. 3460 aims to amend the South Carolina Code of Laws by adding Section 1-17-142, which authorizes law enforcement officers, circuit solicitors, and the Attorney General to require the disclosure of electronic communications and related records from providers of electronic communication services or remote computing services under specific circumstances. The bill outlines the procedures and conditions for such disclosures, aligning them with federal law. It allows for the issuance of court orders and search warrants for the production of stored electronic communications and transactional records, and it permits the Attorney General and circuit solicitors to issue subpoenas for stored electronic records relevant to ongoing criminal investigations.

Additionally, the bill stipulates that South Carolina businesses providing electronic communication services must comply with valid subpoenas, court orders, or warrants from other states as if they were issued by a South Carolina court. It also establishes that intentional violations of this section can result in contempt of court, while providing immunity to service providers acting in good faith in response to legal requests. The bill clarifies that it does not expand the obligations of electronic communication service providers and ensures that any amendments do not affect pending legal actions or rights. The act will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 1-17-142
Latest Version: 1-17-142