Montana Code 46-5-605. Notice — delayed notice
46-5-605. Notice — delayed notice. (1) At or before the time that a governmental entity receives the contents of an electronic communication of a subscriber or customer from a provider of an electronic communication service pursuant to 46-5-602, the governmental entity shall serve upon or deliver to the subscriber or customer by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant or investigative subpoena:
Terms Used In Montana Code 46-5-605
- Contents: means any information concerning the substance, purport, or meaning of a communication. See Montana Code 46-5-601
- Contract: A legal written agreement that becomes binding when signed.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Electronic communication: means :
(i)any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system; or
(ii)any aural transfer made or stored in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including but not limited to the use of the wire, cable, or other similar connection in a switching station. See Montana Code 46-5-601
- Electronic communication service: means :
(a)a service that provides to users the ability to send or receive electronic communications;
(b)a service that provides to users computer storage or processing services; or
(c)a service that acts as an intermediary in the transmission of electronic communications. See Montana Code 46-5-601
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Governmental entity: means a state or local 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 agency. See Montana Code 46-5-601
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Subpoena: A command to a witness to appear and give testimony.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)a copy of the warrant or investigative subpoena; and
(b)notice that informs the subscriber or customer:
(i)of the nature of the government inquiry with reasonable specificity;
(ii)that information maintained for the subscriber or customer by the provider of the electronic communication service named in the process or request was supplied to or requested by the governmental entity; and
(iii)of the date on which the warrant or investigative subpoena was served on the provider.
(2)(a) A governmental entity that is seeking a warrant or investigative subpoena under 46-5-602 may include in the application for the warrant or investigative subpoena a request for an order delaying the notification required under subsection (1) of this section for a period of not more than 1 year.
(b)A governmental entity that is obtaining the contents of an electronic communication may apply to a court for an order directing the provider of an electronic communication service to which a warrant or investigative subpoena under 46-5-602 is directed not to notify any other person of the existence of the warrant or investigative subpoena for a period of not more than 1 year.
(c)A court shall grant a request for delayed notification made under subsection (2)(a) or (2)(b) if the court determines that there is reason to believe that notification of the existence of the warrant or investigative subpoena may result in:
(i)endangering the life or physical safety of an individual;
(ii)flight from prosecution;
(iii)destruction or tampering with evidence;
(iv)intimidation of potential witnesses; or
(v)otherwise seriously jeopardizing an investigation or unduly delaying a trial.
(d)Upon request by a governmental entity, a court may grant one or more extensions of the delay of notification granted under subsection (2)(c) of not more than 180 days each.
(e)Upon expiration of the period of delay under subsection (2)(c) or (2)(d), the governmental entity shall serve upon or deliver to the subscriber or customer by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant or investigative subpoena, a notice that:
(i)includes the information referred to in subsection (1); and
(ii)informs the subscriber or customer:
(A)that notification of the subscriber or customer was delayed;
(B)of the identity of the court authorizing the delay; and
(C)of the provision of subsection (2)(c) under which the delay was authorized.
(3)(a) A warrant or investigative subpoena under 46-5-602 may be served only on a provider of an electronic communication that is a domestic entity or a company or entity otherwise doing business in this state under a contract or a terms of service agreement with a resident of this state if any part of that contract or agreement is to be performed in this state.
(b)The provider of an electronic communication shall produce all electronic customer data, contents of communications, and other information sought by the governmental entity pursuant to a valid warrant or investigative subpoena.