§545.1. Duty of interactive computer service
A.(1) Upon request from a law enforcement agency, the interactive computer service
shall take all steps necessary to preserve records and other evidence in its possession pending
the issuance of a court order or other legal process. The provider of interactive computer
service shall comply with the request as soon as reasonably practical following receipt.
(2) Records referred to in Paragraph (1) of this Subsection shall be retained for
ninety days. This time period shall be extended for an additional ninety days upon further
request of the law enforcement agency when the law enforcement agency requests the
extension within the original ninety day period.
(3) Paragraphs (1) and (2) of this Subsection shall be interpreted in a manner
consistent with the requirements of federal law that apply to providers of Internet service
provided for in Chapter 121 of Title 18 of the United States Code and 42 U.S.C. 13032.
B.(1) An interactive computer service shall release evidence regarding all categories
of information identified in 18 U.S.C. 2703(c)(2) that are in its possession as soon as
reasonably practical, considering other outstanding law enforcement and legal requests, after
receiving a court order requiring the interactive computer service to release such evidence
to law enforcement.
(2) Paragraph (1) of this Subsection shall be interpreted in a manner consistent with
the requirements of federal law that apply to providers of Internet service provided for in
Chapter 121 of Title 18 of the United States Code and 42 U.S.C. 13032.
C. An interactive computer service doing business in this state that obtains
knowledge of facts or circumstances from which a violation of any law in this state
prohibiting possession, distribution, or creation of images containing child pornography or
child sexual abuse materials or prohibiting sexual activity involving a child is apparent, shall
make a report, as soon as reasonably possible, of such facts or circumstances to the
CyberTipline at the National Center for Missing and Exploited Children consistent with the
requirements of 42 U.S.C. 13032.
Acts 2008, No. 672, §2; Acts 2025, No. 261, §2.