Administrative Subpoenas (H 7542, S 2631)

In 2011, the Rhode Island General Assembly passed a law allowing law enforcement to obtain an individual’s Internet subscriber information from Internet service providers without a warrant when investigating a variety of computer-related crimes; in 2016, the General Assembly expanded the offenses for which this is an option. This new legislation gives the police unilateral authority, without court review, to obtain Internet subscriber information on new crimes including “online impersonation,” a law that already raises serious First Amendment concerns. In February and March the ACLU testified before the House and Senate Judiciary committees, respectively, that a warrant is a fundamental due process provision that places an important check on police investigations, and ensures that a third party evaluate the strength of law enforcement’s probable cause. Unfortunately, both chambers approved their versions of the legislation in May, and the Governor signed them into law in June.