968.375 Subpoenas and warrants for records or communications of customers of an electronic communication service or remote computing service provider.

478 words·~2 min read·/wi/chapter-968/968-375-2

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

(1)Jurisdiction. For purposes of this section, a person is considered to be doing business in this state and is subject to service and execution of process from this state, if the person makes a contract with or engages in a terms of service agreement with any other person, whether or not the other person is a resident of this state, and any part of the performance of the contract or provision of service takes place within this state on any occasion.

(2)Subpoena.

(a)Upon the request of the attorney general or a district attorney and upon a showing of probable cause, a judge may issue a subpoena requiring a person who provides electronic communication service or remote computing service to disclose within a reasonable time that is established in the subpoena a record or other information pertaining to a subscriber or customer of the service, including any of the following relating to the subscriber or customer:

1. Name.

2. Address.

3. Local and long distance telephone connection records, or records of session times and durations.

4. Length of service, including start date, and types of service utilized.

5. Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address.

6. Means and source of payment for the electronic communication service or remote computing service, including any credit card or bank account number.

(b)A subpoena under this subsection may not require disclosure of the contents of communications.

(3)Warrant. Upon the request of the attorney general or a district attorney and upon a showing of probable cause, a judge may issue a warrant requiring a person who provides electronic communication service or remote computing service to disclose within a reasonable time that is established in the warrant any of the following:

(a)The content of a wire or electronic communication that is in electronic storage in an electronic communications system or held or maintained by a provider of remote computing service.

(b)A record or information described under sub.

(a).

(c)A record or information that identifies the location of a device used to transmit electronic or wire communications.

(4)Basis, application for, and issuance of subpoena or warrant. Section 968.12

(2)and

(3)applies to the basis and application for, and issuance of, a subpoena under sub.

(2)or a warrant under sub.

(3)as it applies to the basis and application for, and issuance of, a search warrant under s. 968.12 .

(5)Manner of service. A subpoena or warrant issued under this section may be served in the manner provided for serving a summons under s. 801.11

(5)or, if delivery can reasonably be proved, by United States mail, delivery service, telephone facsimile, or electronic transmission.