New Jersey law sets deadlines for social media companies to respond to warrants in domestic violence, stalking cases
NEW JERSEY — A bill sponsored by state Sen. Anthony M. Bucco aimed at reducing delays in domestic violence and stalking investigations has been signed into law, establishing new deadlines for social media companies and other communications providers to respond to certain search warrants.
Under the new law, social media platforms must respond to qualifying search warrants within 72 hours of being properly served, while other communications providers must respond within five business days. The requirements apply to investigations involving domestic violence, stalking and violations of related court orders.
Bucco, R-Morris and Passaic, said the legislation is intended to help law enforcement agencies obtain potentially critical digital evidence more quickly, reducing delays that could affect investigations involving harassment, stalking or abuse.
“Victims of stalking and domestic violence deserve to feel safe again and find closure without constantly looking over their shoulders,” said Sen. Bucco. “They shouldn’t have to endure unnecessary delays while critical evidence sits in the hands of social media companies or other communications providers. Now, law enforcement has the tools to act quickly, gather the evidence they need, and hold offenders accountable. This new law puts clear deadlines in place so investigators can do their jobs and victims can reclaim their lives.”
The legislation amends the New Jersey Wiretapping and Electronic Surveillance Control Act to require expedited responses from communications providers served with search warrants seeking documents, records or other information relevant to qualifying investigations.
The law defines communications providers broadly to include internet service providers, cellular telephone companies, voice-over-internet protocol providers, social media platforms, electronic communication services, digital communications companies and other businesses providing telecommunications or electronic communications services in New Jersey.
To qualify for expedited processing, law enforcement officials must specify in the warrant application that the investigation involves domestic violence, stalking or violations of related court orders. The search warrant must also include the words “Immediate Response Required” in both its title and body, identify the applicable legal requirements and direct the provider to produce the requested information within the established deadline.
The deadlines begin when a communications provider is properly served with the warrant. Social media platforms have 72 hours to respond, while all other covered providers have five business days.
The legislation is modeled after Oregon’s House Bill 4045, known as “Kristil’s Law,” which established expedited response requirements for communications providers in domestic violence and stalking investigations.
The Oregon law was enacted in honor of Kristil Krug, a Colorado woman who experienced months of stalking, harassment and digital impersonation before she was murdered by her husband.
