Wisconsin Statutes & Annotations
Chapter 165 - Department of justice.
165.505 - Internet crimes against children and human trafficking; administrative subpoena.

165.505 Internet crimes against children and human trafficking; administrative subpoena.
(1) In this section:
(ag) “Hotel” has the meaning given in s. 97.01 (7).
(am) “Human trafficking crime” means the commission of, or the solicitation, conspiracy, or attempt to commit, a violation of s. 940.302 or 948.051.
(bg) “Internet crime against a child" means the commission of, or the solicitation, conspiracy, or attempt to commit, any of the following:
1. A violation of s. 948.05, 948.075, 948.11, or 948.12.
2. A violation of ch. 948 that involves the use of a device that permits the transmission of wire or electronic communications or images through an electronic communications service, as defined in s. 968.27 (5), or a remote computing service, as defined in s. 968.27 (14g).
(2)
(am) The attorney general or his or her designee may issue and cause to be served a subpoena, in substantially the form authorized under s. 885.02, upon a provider of an electronic communication service or a remote computing service to compel the production of any of the items listed in par. (c) if all of the following apply:
1. The information likely to be obtained is relevant to an ongoing investigation of a human trafficking crime or an Internet crime against a child.
2. The attorney general or his or her designee has reasonable cause to believe that an Internet or electronic service account provided by an electronic communication service or a remote computing service has been used in the crime.
(bm) The attorney general or his or her designee issuing a subpoena under par. (am) shall ensure that the subpoena describes each record or other information pertaining to a customer or subscriber of the service to be produced and prescribes a reasonable return date by which the person served with the subpoena must assemble each record or other information and make them available.
(c) A person who is duly served a subpoena issued under par. (am) shall, if requested, provide the following information about the customer or subscriber:
1. Name.
2. Address.
3. Duration, including the start date and end date, of the assignment of any Internet protocol address to the customer or subscriber.
(d) A person served with a subpoena under par. (am) may, before the return date indicated under par. (bm), petition a circuit court in the county where the subpoena was issued for an order to modify or quash the subpoena or to prohibit disclosure of information by the court.
(3j)
(a) The attorney general or his or her designee may issue and cause to be served a subpoena, in substantially the form authorized under s. 885.02, upon a hotel to compel the production of any of the items listed in par. (c) if all of the following apply:
1. The information likely to be obtained is relevant to an ongoing investigation of a human trafficking crime or an Internet crime against a child.
2. The attorney general or his or her designee has reasonable cause to believe that a room provided by a hotel has been used in the crime.
(b) The attorney general or his or her designee issuing a subpoena under par. (a) shall ensure that the subpoena describes each record or other information pertaining to a customer of the room to be produced and prescribes a reasonable return date by which the person served with the subpoena must assemble each record or other information and make them available.
(c) A person who is duly served a subpoena issued under par. (a) shall, if requested, provide the following information about the customer:
1. Name.
2. Address and telephone number of record.
3. Duration, including the start date and end date, of the assignment of any room to the customer.
(d) A person served with a subpoena under par. (a) may, before the return date indicated under par. (b), petition a circuit court in the county where the subpoena was issued for an order to modify or quash the subpoena or to prohibit disclosure of information by the court.
(6) If the investigation into a human trafficking crime or an Internet crime against a child specified under sub. (2) (am) or (3j) (a) does not result in a prosecution or other proceeding against a person, the attorney general or his or her designee shall either destroy, or return to the person who produced, the records and information requested by the subpoena.
(7) The attorney general or his or her designee may order a provider of an electronic communication service or remote computing service or a hotel not to notify or disclose the existence of the subpoena to the customer or subscriber or any other person, except an attorney for the purpose of obtaining legal advice or a circuit court, for a period of 90 days after the provider or hotel produces the requested records and information or files a petition under sub. (2) (d) or (3j) (d) if the attorney general or his or her designee has reason to believe that the victim of the human trafficking crime or Internet crime against a child investigated under sub. (2) (am) or (3j) (a) is under 18 years of age, and that notification or disclosure of the existence of the subpoena will do any of the following:
(a) Endanger the life or physical safety of an individual.
(b) Lead to flight from prosecution.
(c) Lead to the destruction or tampering with evidence.
(d) Lead to the intimidation of a potential witness.
(e) Otherwise seriously jeopardize the investigation.
(8) Records and information produced in response to a subpoena issued under sub. (2) (am) or (3j) (a) are not subject to inspection or copying under s. 19.35 (1), except that the attorney general or his or her designee may, upon request, disclose the records and information to another law enforcement agency or a district attorney.
History: 2015 a. 369; 2017 a. 173, 365; 2021 a. 238 ss. 24, 45.

Structure Wisconsin Statutes & Annotations