CHAPTER 7 ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS
The Attorney General
Section 7:6-b
7:6-b Certain Records of Communications Common Carriers. –
I. Every communications common carrier, as defined in RSA 570-A:1, IX, upon the written demand of the attorney general that the attorney general has reasonable grounds for belief that the service furnished to a person or to a location by such communications common carrier has been, is being, or may be used for an unlawful purpose, shall furnish to the attorney general:
(a) The names and addresses of persons to whom stated listed or unlisted telephone numbers are assigned.
(b) The names and addresses of persons to whom any stated or identified services are provided.
(c) Any local and long distance billing records for any subscriber to, or customer of telephone service or wireless telephone service as defined in RSA 638:21, XI.
(d) The length of service provided to a subscriber or customer by the communications common carrier.
(e) The types of services provided to the subscriber or customer by the communications common carrier, and
(f) The telephone number or other subscriber number or identity.
II. No such communications common carrier nor any agent, servant, or employee thereof, shall be civilly or criminally responsible or liable for furnishing or delivering any records or information in compliance with said demand and the attorney general shall not disclose any information obtained as a result of said demand except as it is essential to the proper discharge of the attorney general's duties. Any such written demand by the attorney general shall be understood to constitute an administrative subpoena for purposes of determining compliance with federal law.
III. The attorney general may delegate authority under this section to any assistant attorney general. Where the offense under investigation is defined in RSA 318-B or RSA 649-B, the attorney general may delegate authority under this section to a county attorney. A county attorney may further delegate authority under this section to any assistant county attorney in the county attorney's office. The county attorney may exercise this authority only in cases within the jurisdiction of that county attorney. The attorney general shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Circumstances under which an assistant attorney general, a county attorney, or an assistant county attorney may issue such demands to communications common carriers under this section.
(b) The procedures for applying for such demands.
(c) The records of such demands which shall be kept and maintained.