77-23f-102.2. Obtaining reverse-keyword information -- Warrant required for disclosure -- Procedure.

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

Effective 5/7/2025

(1)Except as provided in Section 77-23f-106 , for a criminal investigation or prosecution, a law enforcement agency may not obtain reverse-keyword information for electronic devices unless:

(a)the law enforcement agency obtains a search warrant as provided under this section; and

(i)the investigation or prosecution involves an offense listed in Subsection

(4); or

(ii)the law enforcement agency can demonstrate an imminent, ongoing threat to public safety.

(2)To obtain reverse-keyword information, a law enforcement agency shall:

(a)include with the sworn warrant application the following language at the beginning of the application in a legible font no smaller than other text appearing in the application: "NOTICE: This warrant application seeks judicial authorization for the disclosure of reverse-keyword information of electronic devices. If authorized, the warrant allows law enforcement to obtain historical information of all devices that searched for specific terms or visited a particular website through a link generated by an electronic search during the specified time described in the warrant from entities in possession of the relevant data. The electronic devices captured in the warrant may be owned or used by both alleged criminal perpetrators and individuals not involved in the commission of a crime. For this reason, any warrant issued must require the anonymization of all devices associated with the reverse-keyword information."; and

(b)establish probable cause to believe that evidence of a crime will be found based on the reverse-keyword information sought to be searched and within the specified period of time.

(3)If a court grants a warrant under Subsection (2), the court shall require that all electronic device data provided pursuant to the warrant be anonymized before the reverse-keyword information or reverse-location information is released to the law enforcement agency.

(4)The offenses referred to in Subsection (1)(b)(i) are:

(a)a felony offense under Title 76, Chapter 5, Offenses Against the Individual;

(b)a first or second degree felony offense under Title 76, Chapter 6, Part 1, Property Destruction;

(c)a first or second degree felony offense under Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;

(d)a first or second degree felony offense under Title 76, Chapter 6, Part 3, Robbery;

(e)a first or second degree felony offense under Title 76, Chapter 8, Part 3, Obstructing Governmental Operations;

(f)a first or second degree felony offense under Title 76, Chapter 10, Part 3, Explosives;

(g)a first or second degree felony offense under Title 76, Chapter 10, Part 4, Weapons of Mass Destruction;

(h)a first or second degree felony offense under Title 76, Chapter 10, Part 13, Prostitution; and

(i)a first or second degree felony offense under Title 76, Chapter 10, Part 15, Bus Passenger Safety Act.

Enacted by Chapter 235 , 2025 General Session