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SECTION 1. Section 1, Article
18.21, Code of Criminal Procedure, is amended by adding Subdivisions (2-a),
(4-c), and (9-a) and amending Subdivisions (4) and (6) to read as follows:
(2-a) "Call detail
record" means information produced by a telephone exchange or other
telecommunications device or equipment that documents the details of a wire
or electronic communication that passes through the exchange, device, or
equipment. The term includes information such as the time, duration,
completion status, source number, and destination number of an electronic
communication, but does not include the content of the communication.
No
equivalent provision.
(4) "ESN reader"
means a device that records telecommunication identifying information
[the electronic serial number] from the data track of a [wireless
telephone,] cellular telephone[,] or other wireless
communications [similar communication] device that transmits its
operational status to a base site, if the telephone or device does
not intercept the contents of a communication.
(4-c) "Location
information" means any information that concerns the current or past
location of a cellular telephone or other wireless communications device
that is created, or is accessed with technology, by a provider of a wire or
electronic communications service or remote computing service or by a
communication common carrier. The term does not include a subscriber's or
customer's account information and any wireless Internet access point
transactional records or other electronic customer data not relating to the
current or past location of the telephone or device.
(6) "Pen register"
means a device or process that records, [or] decodes, or intercepts dialing, routing,
addressing, or signaling information, location
information, or telecommunication identifying information that is
transmitted by an instrument or facility from which a wire or electronic
communication is transmitted, if the information does not include the
contents of the communication. The term does not include a device used by
a provider or customer of a wire or electronic communication service in the
ordinary course of the provider's or customer's business for purposes of:
(A) billing or recording as
an incident to billing for communications services; or
(B) cost accounting,
security control, or other ordinary business purposes.
No
equivalent provision.
(9-a)
"Telecommunication identifying information" means an electronic
serial number or other number or signal that identifies
a specific:
(A) cellular telephone or
other wireless communications device;
(B) customer or
subscriber account; or
(C) electronic
communication.
No
equivalent provision.
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SECTION 1. Section 1,
Article 18.21, Code of Criminal Procedure, is amended by adding Subdivisions
(2-a), (8-a), (9-a), and (9-b) and amending Subdivisions (3-c), (4), and
(6) to read as follows:
(2-a) "Call detail
record" means information produced by a telephone exchange or other
telecommunications device or equipment that documents the transactional details of a wire or
electronic communication that passes through the exchange, device, or
equipment. The term includes information such as the time, duration,
completion status, source number, and destination number of a wire or electronic communication, but
does not include the content of the communication.
(3-c) "Electronic
customer data" means data or records that:
(A) are in the possession,
care, custody, or control of a provider of a wire or [an]
electronic communications service or a remote computing service; and
(B) contain:
(i) information revealing
the identity of customers or subscribers of the applicable service;
(ii) information about a
customer's or subscriber's use of the applicable service,
including:
(a) call detail records;
(b) telephone call toll
billing records;
(c) wireless Internet
access point transactional records;
(d) records relating to a
short message service or text message service that do not include the
contents of the messages; and
(e) telecommunication
identifying information;
(iii) information that
identifies the recipient or destination of a wire communication or
electronic communication sent to or by the customer;
(iv) the content of a wire
communication or electronic communication sent to or by the customer or
subscriber; or [and]
(v) any data stored with
the applicable service provider by or on behalf of the customer or
subscriber [with the applicable service provider].
(4) "ESN reader"
means a device that records telecommunication identifying information
[the electronic serial number] from the data track of a [wireless
telephone,] cellular telephone[,] or other wireless
communications [similar communication] device that transmits its
operational status to a base site, if the telephone or device does not
intercept the contents of a communication.
No
equivalent provision.
(6) "Pen register"
means a device or process that records or decodes dialing, routing,
addressing, or signaling information or telecommunication identifying
information that is transmitted by an instrument or facility from which
a wire or electronic communication is transmitted, if the information does
not include the contents of the communication. The term does not include a
device used by a provider or customer of a wire or electronic communication
service in the ordinary course of the provider's or customer's business for
purposes of:
(A) billing or recording as
an incident to billing for communications services; or
(B) cost accounting,
security control, or other ordinary business purposes.
(8-a) "Subscriber or
customer bulk records" means the records of a provider of a wire or
electronic communications service or a remote computing service that
contain telecommunication identifying information for all of the service's
subscribers or customers in a specific geographic area. The term does not
include the contents of a wire communication or electronic communication.
(9-a)
"Telecommunication identifying information" means an electronic
serial number or other number or signal that is
not part of the content of any wire communication or electronic
communication and that is associated with a specific:
(A) cellular telephone or
other wireless communications device;
(B) customer or
subscriber account; or
(C) data track of an electronic communication.
(9-b) "Telephone
call toll billing record" means a record retained by a wire or
electronic communications service or a remote computing service that
identifies, for a telephone toll call, the following billing information:
(A) the name, address,
and telephone number of the caller;
(B) the telephone number
called; and
(C) the date, time, and
length of the call.
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SECTION 2. Section 4,
Article 18.21, Code of Criminal Procedure, is amended by amending
Subsections (a) and (b) and adding Subsections (b-1) and (b-2) to read as
follows:
(a) An authorized peace
officer may require a provider of a wire or [an] electronic
communications service or a provider of a remote computing service to
disclose electronic customer data that is in electronic storage by
obtaining a warrant under Section 5A.
(b) An authorized peace
officer may require a provider of a wire or [an] electronic
communications service or a provider of a remote computing service to
disclose information described by Subsection (b-1) or (b-2) [only
electronic customer data that is information revealing the identity of
customers of the applicable service or information about a customer's use
of the applicable service,] without giving the subscriber or customer
notice:
(1) by obtaining an
administrative subpoena authorized by statute;
(2) by obtaining a grand
jury subpoena;
(3) by obtaining a warrant
under Section 5A;
(4) by obtaining the consent
of the subscriber or customer to the disclosure of the data;
(5) by obtaining a court
order under Section 5; or
(6) as otherwise permitted
by applicable federal law.
(b-1) Under Subsection
(b), an authorized peace officer may obtain:
(1) call detail records;
(2) records relating to
the Internet Protocol address used by a computer or wireless communications
device;
(3) telephone call toll
billing records;
(4) records relating to a
short message service or text message service that do not include the
contents of the messages;
(5) wireless Internet
access point transactional records;
(6) telecommunication
identifying information;
(7) any stored data that is published on a social
networking Internet website, including any profile information, images, or
text published by the user of the social networking Internet website; or
(8) any other electronic
customer data that:
(A) reveals the identity
of customers or subscribers of the applicable service; or
(B) provides information
about a customer's or subscriber's use of the applicable service.
(b-2) In an ongoing criminal
investigation, an authorized peace officer may obtain under Subsection (b),
for the purpose of locating a suspect or wireless communications device or
identifying an unknown suspect or wireless communications device by means
of a pen register or trap and trace device, bulk
records of a wire or electronic communications service or remote computing
service or a communication common carrier. Bulk records sought under this
subsection may contain information described by Subsection (b-1) for all
subscribers and customers in a specific geographic area.
No
equivalent provision.
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SECTION 2. Section 4,
Article 18.21, Code of Criminal Procedure, is amended by amending
Subsections (a) and (b) and adding Subsections (b-1), (b-2), and (b-3) to
read as follows:
(a) An authorized peace
officer may require a provider of a wire or [an] electronic
communications service or a provider of a remote computing service to
disclose electronic customer data that is in electronic storage by
obtaining a warrant under Section 5A.
(b) An authorized peace
officer may require a provider of a wire or [an] electronic
communications service or a provider of a remote computing service to
disclose information described by Subsection (b-1) or (b-2) [only
electronic customer data that is information revealing the identity of
customers of the applicable service or information about a customer's use
of the applicable service,] without giving the subscriber or customer
notice:
(1) by obtaining an
administrative subpoena authorized by statute;
(2) by obtaining a grand
jury subpoena;
(3) by obtaining a warrant
under Section 5A;
(4) by obtaining the consent
of the subscriber, [or] customer, or user of the applicable service to the disclosure of
the data;
(5) by obtaining a court
order under Section 5; or
(6) as otherwise permitted
by applicable federal law.
(b-1) Under Subsection
(b), an authorized peace officer may obtain the following electronic
customer data:
(1) call detail records;
(2) records relating to
the Internet Protocol address used by a computer or wireless communications
device;
(3) telephone call toll
billing records;
(4) records relating to a
short message service or text message service that do not include the
contents of the messages;
(5) wireless Internet
access point transactional records;
(6) telecommunication
identifying information; or
(7) any other electronic
customer data that:
(A) reveals the identity
of customers or subscribers of the applicable service; or
(B) provides information
about a customer's or subscriber's use of the applicable service.
(b-2) In an ongoing
criminal investigation, an authorized peace officer may obtain subscriber or customer bulk records under
Subsection (b) for the purpose of locating a suspect or wireless
communications device or identifying an unknown suspect or wireless
communications device by means of a pen register or trap and trace device.
(b-3) This section does
not authorize a peace officer, whether under the authority of a subpoena or
otherwise, to obtain, or to require a provider of a wire or electronic
communications service or a provider of a remote computing service to
disclose, electronic customer data in electronic storage that is the
content of a wire communication or electronic communication, including any
images or videos contained in the information.
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