AB172 - Revises provisions relating to the disclosure of certain records stored on the Internet. (BDR 15-768)

A.B. 172 - *AB172* ASSEMBLY BILL NO. 172–ASSEMBLYMEMBER HANSEN PREFILED JANUARY 31, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the disclosure of certain records stored on the Internet. (BDR 15-768) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to criminal procedure; expanding the applicability of certain provisions governing the disclosure by a provider of Internet service of certain records stored on the Internet; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing federal law: (1) regulates the ability of federal, state and local 1 governmental entities to access certain records stored on the Internet; and (2) sets 2 forth certain requirements governing the disclosure of such information. (18 U.S.C. 3 § 2701-2713) In general, existing federal law authorizes a governmental entity to 4 require an Internet service provider that provides a remote computing service to 5 disclose the contents of a wire or electronic communication that has been in 6 electronic storage pursuant to a court order, subpoena or warrant. (18 U.S.C. § 7 2703) 8 Under existing state law, a provider of Internet service who violates federal law 9 is guilty of a misdemeanor, punishable by a fine of not more than $500. Existing 10 state law also: (1) authorizes certain governmental entities to compel a provider of 11 Internet service to disclose certain information pertaining to a user or subscriber 12 pursuant to a subpoena; and (2) requires a provider of Internet service to keep 13 certain information confidential. (NRS 179.467, 193.340) For the purpose of these 14 provisions, existing state law defines the term “provider of Internet service” to 15 mean any provider who provides subscribers with access to the Internet or an 16 electronic email address, or both. (NRS 205.4758) Section 5 of this bill expands 17 this definition to include a provider of Internet service who provides subscribers or 18 customers with a remote computing service. Section 5 thereby: (1) provides that a 19 provider of Internet service who provides a remote computing service is guilty of a 20 misdemeanor under certain circumstances; (2) authorizes certain governmental 21 entities to compel any such provider to disclose certain information pursuant to a 22 subpoena; and (3) requires any such provider to keep certain information 23 confidential. 24 – 2 – - *AB172* Section 2 of this bill defines the term “electronic communications system” to 25 mean any: (1) wire, radio, electromagnetic, photooptical or photoelectronic 26 facilities for the transmission of wire or electronic communications; and (2) 27 computer facilities or related electronic equipment for the electronic storage of such 28 communications. Section 3 of this bill defines the term “remote computing service” 29 to mean the provision to the public of computer storage or processing services by 30 means of an electronic communications system. Section 4 of this bill makes a 31 conforming change to prescribe the applicability of the definitions set forth in 32 sections 2 and 3. 33 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 205 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 and 3 of this act. 2 Sec. 2. “Electronic communications system” means any: 3 1. Wire, radio, electromagnetic, photooptical or 4 photoelectronic facilities for the transmission of wire or electronic 5 communications; and 6 2. Computer facilities or related electronic equipment for the 7 electronic storage of such communications. 8 Sec. 3. “Remote computing service” means the provision to 9 the public of computer storage or processing services by means of 10 an electronic communications system. 11 Sec. 4. NRS 205.473 is hereby amended to read as follows: 12 205.473 As used in NRS 205.473 to 205.513, inclusive, and 13 sections 2 and 3 of this act, unless the context otherwise requires, 14 the words and terms defined in NRS 205.4732 to 205.476, inclusive, 15 and sections 2 and 3 of this act have the meanings ascribed to them 16 in those sections. 17 Sec. 5. NRS 205.4758 is hereby amended to read as follows: 18 205.4758 “Provider of Internet service” means any provider 19 who provides subscribers or customers with [access] : 20 1. Access to the Internet or an electronic mail address, or both 21 [.] ; or 22 2. A remote computing service. 23 H