05 SB127
floor amend
LOST
Senator
Adelman of the 42nd offered the following amendment to the House adopted version
of Senate Bill 127:
By
inserting immediately following line 34 of page 7:
“(d)
No civil cause of action shall lie against any foreign or Georgia business or
its officers, employees, agents, or other persons for providing computer-related
records, information, facilities, or assistance to further the investigation of
a criminal offense enumerated in Chapter 9 of Title 16 of the Official Code of
Georgia to a law enforcement unit as defined in Code Section 35-8-2.2 or a
prosecutorial office of this state when said computer-related records,
information, facilities, or assistance is provided pursuant to a subpoena,
search warrant, order to produce.”
By
inserting immediately following line 6 of page 8:
“16-9-158.
Any business located within the State of Georgia that provides electronic communication services or remote computing services as defined by Code Section 16-9-100, when served with a search warrant, subpoena, notice to produce, notice of deposition, or order to disclose properly issued by another state to produce records related to investigation or trial of a criminal offense that would reveal the identity of their customers using those services, data stored by, or on behalf of, their customer, their customer’s usage of those services, the recipient or destination of communications sent to or from those customers, of the content of those communications shall produce those requested records as if that search warrant, subpoena, notice, or order has been issued by a Georgia court, provided that such business has the right to object that such compliance is unduly burdensome or oppressive.”
Any business located within the State of Georgia that provides electronic communication services or remote computing services as defined by Code Section 16-9-100, when served with a search warrant, subpoena, notice to produce, notice of deposition, or order to disclose properly issued by another state to produce records related to investigation or trial of a criminal offense that would reveal the identity of their customers using those services, data stored by, or on behalf of, their customer, their customer’s usage of those services, the recipient or destination of communications sent to or from those customers, of the content of those communications shall produce those requested records as if that search warrant, subpoena, notice, or order has been issued by a Georgia court, provided that such business has the right to object that such compliance is unduly burdensome or oppressive.”