77-23c-104. Third-party electronic information and records.

382 words·~2 min read·/ut/title-77/chapter-23c/77-23c-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)Except as provided in Subsection

(2)or Section 77-22-2.5 or 77-23c-104.1 , and subject to Section 77-23c-105 , a law enforcement agency may not, except through the use of a search warrant issued by a court upon probable cause, obtain, use, copy, or disclose:

(a)a subscriber record; or

(b)for a criminal investigation or prosecution, any record or information related to a subscriber or a customer, other than a subscriber record, that is:

(i)in the possession of a provider of an electronic communication service or a remote computing service;

(ii)created or maintained by a provider of an electronic communication service or a remote computing service; or

(iii)received from, or derived from, a record or information originally possessed, created, or maintained by a provider of an electronic communication service or a remote computing service.

(2)Except as provided in Section 77-23c-104.1 and subject to Section 77-23c-105 , a law enforcement agency may obtain, use, copy, or disclose a subscriber record, or other record or information related to a subscriber or customer described in Subsection (1)(b) , without an investigative subpoena or a warrant, only:

(a)with the informed, affirmed consent of the subscriber or customer;

(b)in accordance with a judicially recognized exception to warrant requirements;

(c)if the subscriber or customer voluntarily discloses the record in a manner that is publicly accessible; or

(d)if the provider of an electronic communication service or remote computing service voluntarily discloses the record:

(i)under a belief that an emergency exists involving the imminent risk to an individual of:

(A)death;

(B)serious physical injury;

(C)sexual abuse;

(D)live-streamed sexual exploitation;

(E)kidnapping; or

(F)human trafficking;

(ii)that is inadvertently discovered by the provider, if the record appears to pertain to the commission of:

(A)a felony; or

(B)a misdemeanor involving physical violence, sexual abuse, or dishonesty; or

(iii)subject to Subsection (2)(d)(ii), as otherwise permitted under 18 U.S.C. Sec. 2702.

(3)A provider of an electronic communication service or remote computing service, or the provider's officers, employees, agents, or other specified persons may not be held liable for information, facilities, or assistance provided in good faith reliance under this section.

Amended by Chapter 338 , 2026 General Session