Internet Subpoenas (H 5093, S 781)

An extremely significant civil liberties loss this year was the passage of legislation allowing law enforcement to obtain an individual’s internet subscriber information from internet service providers without a warrant.  This legislation, which had been defeated for nine years through ACLU efforts, allows police to obtain the information merely by signing an administrative subpoena that requires no court review. In past years, the bill limited use of this power to investigations of child pornography. However, the new law gives police the unilateral authority to issue these subpoenas for just about any computer-related crime, including misdemeanor offenses such as “cyberharassment.” The introduction of these new crimes has significant First Amendment concerns, and led the R.I. Press Association to join the ACLU in opposing the bill. In the past year, police departments have sought access to subscriber information to investigate “cyberharassment” incidents where people have merely posted crude commentary against political officials on web sites and blogs. Unfortunately, the legislation was signed into law by the Governor on July 1 over ACLU requests that he veto the bill.