2007 Minnesota Statutes

626.18 SEARCH WARRANTS RELATING TO ELECTRONIC COMMUNICATION
SERVICES AND REMOTE COMPUTING SERVICES.
    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) The terms "electronic communication services" and "remote computing services" shall be
construed in accordance with United States Code, title 18, sections 2701 to 2711, as amended
through March 1, 2001. This section does not apply to corporations that do not provide those
services to the general public.
(b) An "adverse result" occurs when notification of the existence of a search warrant results
in:
(1) danger to the life or physical safety of an individual;
(2) a flight from prosecution;
(3) the destruction of or tampering with evidence;
(4) the intimidation of potential witnesses; or
(5) serious jeopardy to an investigation or undue delay of a trial.
(c) "Applicant" means a peace officer as defined in section 626.05, to whom a search warrant
is issued pursuant to this chapter.
(d) "Minnesota corporation" refers to any corporation or other entity that is subject to section
5.25, excluding foreign corporations.
(e) A "foreign corporation" is considered to be doing business in Minnesota if it makes a
contract or engages in a terms of service agreement with a resident of Minnesota to be performed
in whole or in part by either party in Minnesota. The making of the contract or terms of service
agreement is considered to be the agreement of the foreign corporation that any administrative
subpoena or search warrant properly served on it has the same legal force and effect as if served
personally on it within the state of Minnesota.
(f) "Properly served" means that a search warrant has been delivered by hand, or in a manner
reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery
service, or facsimile to a person or entity listed in section 5.25 or covered by this statute.
    Subd. 2. Application. (a) The following provisions shall apply to any search warrant issued
under this chapter allowing a search for records that are in the actual or constructive possession
of a foreign corporation that provides electronic communication services or remote computing
services to the general public, where those records would reveal the identity of the customers
using those services; data stored by, or on behalf of, the customer; the customer's usage of those
services; the recipient or destination of communications sent to or from those customers; or the
content of those communications.
(b) When properly served with a search warrant issued by the Minnesota court, a foreign
corporation subject to this section shall provide to the applicant all records sought pursuant to
that warrant within eight business days of receipt, including those records maintained or located
outside this state.
(c) Where the applicant makes a showing and the judge finds that failure to produce records
within less than eight business days would cause an adverse result, the warrant may require
production of records within less than eight business days. A court may reasonably extend the
time required for production of the records upon finding that the foreign corporation has shown
good cause for that extension and that an extension of time would not cause an adverse result.
(d) A foreign corporation seeking to quash the warrant must seek relief from the court that
issued the warrant within the time required for production of records under this section. The
issuing court shall hear and decide that motion no later than eight court days after the motion is
filed.
(e) The foreign corporation shall verify the authenticity of records that it produces by
providing a written affidavit or statement to that effect.
    Subd. 3. Warrant of another state. A Minnesota corporation that provides electronic
communication services or remote computing services to the general public, when served with a
warrant issued by another state to produce records that would reveal the identity of the customers
using those services; data stored by, or on behalf of, the customer; the customer's usage of those
services; the recipient or destination of communications sent to or from those customers; or the
content of those communications, shall produce those records as if that warrant had been issued
by a Minnesota court.
    Subd. 4. Immunity. No cause of action shall lie against any foreign or Minnesota corporation
subject to this section, its officers, employees, agents, or other specified persons for providing
records, information, facilities, or assistance in accordance with the terms of a warrant issued
pursuant to this chapter.
History: 2001 c 197 s 6