{"data":{"id":"us-ky/krs-500.120","jurisdiction":"us-ky","citation":"KRS 500.120","heading":"Subpoena power of Attorney General and commissioner of Department of","body":"Kentucky State Police in cases involving use of an internet service provider,\nsocial networking company, mobile payment service, or cloud storage service\nin the exploitation of children and other cases.\n(1) (a) In any investigation relating to an offense involving KRS 510.155,\n530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340,\n531.350, 531.360, or 531.370, and upon reasonable cause to believe that an\ninternet service provider, social networking company, mobile payment\nservice, or cloud storage service has been used in the exploitation or\nattempted exploitation of children, or in any investigation of a violation of\nKRS 17.546, 508.130, 525.070, or 525.08 0 where there is reasonable cause to\nbelieve that an internet service provider, social networking company, mobile\npayment service, or cloud storage service has been used in the commission of\nthe offense, the Attorney General may issue in writing and cause to be served\na subpoena requiring the production and testimony described in subsection (2)\nof this section.\n(b) In any investigation relating to an offense involving KRS 510.155,\n530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340,\n531.350, 531.360, or 531.370, and upon reasonable cause to believe that an\ninternet service provider, social networking company, mobile payment\nservice, or cloud storage service has been used in the exploitation or\nattempted exploitation of children, the commissio ner of the Department of\nKentucky State Police may issue in writing and cause to be served a subpoena\nrequiring the production and testimony described in subsection (2) of this\nsection.\n(2) Except as provided in subsection (3) of this section, a subpoena i ssued under this\nsection may require the production of any records or other documentation relevant\nto the investigation, including:\n(a) Electronic mail address;\n(b) Internet username;\n(c) Internet protocol address;\n(d) Name of account holder;\n(e) Billing and service address;\n(f) Telephone number;\n(g) Account status;\n(h) Method of access to the internet; and\n(i) Automatic number identification records if access is by modem.\n(3) The internet service provider, social networking company, mobile payment service,\ncloud storage service, or provider of electronic communication service or remote\ncomputing service shall not disclose the following pursuant to a subpoena issued\nunder this section but shall disclose the information in obedience to a warrant:\n(a) In-transit electronic communications;\n(b) Account memberships related to internet groups, newsgroups, mailing lists, or\nspecific areas of interest;\n(c) Account passwords; and\n(d) Account content including:\n1. Electronic mail in any form;\n2. Address books, contacts, or buddy lists;\n3. Financial records;\n4. Internet proxy content or web surfing history; and\n5. Files or other digital documents stored with the account or pursuant to\nuse of the account.\n(4) At any time before the return date specified on the subpoena, the person summoned\nmay, in the District Court in which the person resides or does business, petition for\nan order modifying or setting aside the subpoena, or a prohibition of disclosure by a\ncourt.\n(5) A subpoena under this section shall describe the objects required to be produced\nand shall prescribe a return date with a reasonable period of time within which the\nobjects can be assembled and made available.\n(6) If no case or p roceeding arises from the production of records or other\ndocumentation pursuant to this section within a reasonable time after those records\nor documentation are produced, the Attorney General shall either destroy the\nrecords and documentation or return them to the person who produced them.\n(7) A subpoena issued under this section may be served by any person who is at least\neighteen (18) years of age and who is designated in the subpoena to serve it. Service\nupon a natural person may be made by personal del ivery of the subpoena to him or\nher. Service may be made upon a corporation or partnership or other unincorporated\nassociation which is subject to suit under its common name, by delivering the\nsubpoena to an officer, to a managing or general agent, or to a ny other agent\nauthorized by appointment or by law to receive service of process. The affidavit of\nthe person serving the subpoena together with a true copy thereof shall be proof of\nservice.\n(8) Except as provided in this section any information, records or data reported or\nobtained pursuant to subpoena under this section shall remain confidential and shall\nnot be further disclosed unless in connection with a criminal case related to the\nsubpoenaed materials.","path":["KRS Chapter 500"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57445","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:00Z","sha256":"35f5799eabe6c6f47814ce678ce0584dfb68aea1bb9fc051298fd11a7484ce5a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-500.110","next":"us-ky/krs-500.130"},"notice":"GroundRules: Original legal text. Not legal advice."}