SDCL § 1-11-37: Investigative subpoena--Definitions.

Terms used in this section and §§ 1-11-38 to 1-11-45, inclusive, mean:

(1) "Investigative subpoena," a written demand issued by the attorney general or the attorney general's designee, after judicial approval, requiring the production of business records relevant to an official criminal investigation;

(2) "Provider," any:

(a) Electronic communication service that provides users with the ability to send or receive wire or electronic communications;

(b) Electronic service provider that offers users the ability to send or receive wire or electronic communications, or to process or store data by means of an electronic communication system;

(c) Internet service provider engaged in the business of providing computer access or internet connectivity to the public or to subscribers;

(d) Remote computing service that provides computer storage or processing services to the public, by means of an electronic communications system; or

(e) Telecommunications carrier that provides telecommunications services; and

(3) "Reasonable cause," a belief based on specific and articulable facts that the business records sought are relevant and material to an active criminal investigation.