Maine Revised Statutes Title 16 Sec. 642 – Authority to obtain and disclose content information held by a provider of electronic communication service
Current as of: 2023 | Check for updates
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1. Authority to obtain. A government entity may obtain portable electronic device content information directly from a provider of electronic communication service or a provider of remote computing service only in accordance with a valid search warrant issued by a duly authorized justice, judge or justice of the peace using procedures established pursuant to Title 15, section 55 or 56 or as otherwise provided in this subchapter.
[PL 2017, c. 144, §4 (AMD).]
Terms Used In Maine Revised Statutes Title 16 Sec. 642
- Content information: when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of that communication. See Maine Revised Statutes Title 16 Sec. 641
- Electronic communication service: means a service that provides to users the ability to send or receive spoken or electronic communications. See Maine Revised Statutes Title 16 Sec. 641
- Government entity: means a state or local government agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board or commission or an individual acting or purporting to act for or on behalf of a state or local government agency. See Maine Revised Statutes Title 16 Sec. 641
- Portable electronic device: means a device that is portable and electric that enables access to, or use of, an electronic communication service or remote computing service. See Maine Revised Statutes Title 16 Sec. 641
- Remote computing service: means computer storage or processing services provided by means of an electronic communication service. See Maine Revised Statutes Title 16 Sec. 641
2. Authority to disclose. A provider of electronic communication service may disclose portable electronic device content information to a government entity only pursuant to a warrant issued by a duly authorized justice, judge or justice of the peace or as otherwise provided in this subchapter.
[PL 2013, c. 519, §5 (AMD).]
Revisor’s Note: §642. Warrant needed for acquisition of location information (As enacted by PL 2013, c. 409, §1 is REALLOCATED TO TITLE 16, SECTION 648)
SECTION HISTORY
RR 2013, c. 1, §29 (RAL). PL 2013, c. 402, §1 (NEW). PL 2013, c. 409, §1 (NEW). PL 2013, c. 519, §5 (AMD). PL 2017, c. 144, §4 (AMD).