The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 232 : Vermont Electronic Communication Privacy Act

• § 8103. Notice to user or subscriber

  (a) Except as otherwise provided in this section, a law enforcement officer who executes a warrant or obtains electronic information in an emergency pursuant to subdivision 8102(b)(4) of this section shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, the identified targets of the warrant or emergency request a notice that informs the recipient that information about the recipient has been compelled or requested, and, if there was an emergency request, states with reasonable specificity the nature of the government action relative to which the information is sought. The notice shall include a copy of the warrant if a warrant was obtained. The notice shall be served, mailed, or delivered by reliable electronic means contemporaneously with the execution of the warrant, or, in the case of an emergency, within three days after obtaining the electronic information.

  (b)(1) When a warrant is sought or electronic information is obtained in an emergency under subdivision 8102(b)(4) of this title, the law enforcement officer may submit a request supported by a sworn affidavit for an order delaying the notification required by subsection (a) of this section and prohibiting any party providing information from notifying any other party that information has been sought. The court shall issue the order if it determines that there is reason to believe that notification may have an adverse result. The delay shall not exceed the period of time for which the court finds there is reason to believe that the notification may have the adverse result, and in no event shall the delay exceed 90 days.

  (2) The court may grant additional extensions of the delay for periods of up to 90 days each on the same grounds as provided for in subdivision (1) of this subsection.

  (3) When the delayed notification period expires, a law enforcement officer shall serve upon, or deliver to by registered or first-class mail, electronic mail, or reliable electronic means to the identified targets of the warrant:

  (A) the order for delayed notification;

  (B) a document that includes the information described in subsection (a) of this section; and

  (C) a copy of all electronic information obtained or a summary of that information, including, at a minimum:

  (i) the number and types of records disclosed;

  (ii) the date and time when the earliest and latest records were created; and

  (iii) a copy of the motion seeking delayed notification.

  (c) If there is no identified target of a warrant or emergency request at the time of its issuance, the government entity shall submit to the Department of Public Safety within three days of the execution of the warrant or issuance of the request all of the information required by subsection (a) of this section. If an order delaying notice is issued pursuant to subsection (b) of this section, the law enforcement officer shall submit to the Department upon the expiration of the delayed notification period all of the information required in subdivision (b)(3) of this section. The Department shall publish all reports required by this subsection on its Internet website within 90 days of receipt. The Department shall redact names and other identifying information from the reports.

  (d) Except as otherwise provided in this section, nothing in this chapter shall prohibit or limit a service provider or any other party from disclosing information about any request or demand for electronic information.

  (e) For purposes of this chapter, a warrant served upon a service provider is deemed to have been executed no later than five days after the information or data compelled by the warrant has been produced by the service provider to a law enforcement officer. (Added 2015, No. 169 (Adj. Sess.), § 5, eff. Oct. 1, 2016.)