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to provide a passkey, password, or keycode to
any electronic communication service, electronic
device, or electronic storage, or any form of stored
electronic user data, without a valid search war-
rant issued by a judge using search warrant pro-
cedures.
(b) A judge may issue a court order under this
section for electronic user data held in electronic
storage, including the records and information
related to a wire communication or electronic
communication held in electronic storage, by a
provider of an electronic communication service
or a provider of a remote computing service
regardless of whether the user data is held at a loca-
tion in Indiana or at a location in another state.
(c) A judge may issue a court order under this
section on a service provider that is a corporation
or entity that is incorporated or organized under
the laws of Indiana or a company or business
entity doing business in Indiana under a contract
or terms of a service agreement with an Indiana
resident. The service provider shall produce all
information sought, as required by the court order.
(d) Any Indiana corporation that provides
electronic communications services or remote
computing services to the public shall comply
with a valid court order issued in another state that
is seeking the information described in this sec-
tion, if the court order is served on the corporation.
35-33-5-12. Court order required for use of
real time tracking instrument.
(a) A law enforcement officer or law enforce-
ment agency may not use a real time tracking
instrument that is capable of obtaining geolocation
information concerning a cellular device or a
device connected to a cellular network unless:
(1) the law enforcement officer or law
enforcement agency has obtained an order
issued by a court based upon a finding of
probable cause to use the tracking instru-
ment; or
(2) exigent circumstances exist that neces-
sitate using the tracking instrument with-
out first obtaining a court order.
(b) If a law enforcement officer or law enforce-
ment agency uses a real time tracking instrument
described in subsection (a) based upon the exis-
tence of exigent circumstances, the law enforce-
ment officer or law enforcement agency shall
seek to obtain an order issued by a court based
upon a finding of probable cause not later than sev-
enty-two (72) hours after the initial use of the
real time tracking instrument.
35-33-5-13. Immunity.
An electronic communication service, remote
computing service, and geolocation information
service are immune from civil or criminal liabil-
ity for providing information or evidence as
required by a court order under this chapter.
35-33-5-14. Journalist privilege.
(a) For purposes of IC 34-46-4 (Journalist’s
Privilege Against Disclosure of Information
Source) and subject to subsection (b), if:
(1) a governmental entity requests that a
court issue a search warrant to a provider
of:
(A) electronic communication service;
or
(B) remote computing service; and
(2) the search warrant seeks information or
communications concerning a news media
entity or a person otherwise described in
IC 34-46-4-1;
the news media entity or person described in IC
34-46-4-1 shall be given reasonable and timely
notice of the search warrant request and shall be
given an opportunity to be heard by the court
concerning the issuance of the search warrant
before the search warrant is issued.
(b) If:
(1) the search warrant that would be issued
to a provider described in subsection (a)(1)
concerns a criminal investigation in which
the news media entity or person described
in IC 34-46-4-1 is a target of the criminal
investigation; and
(2) the notice that would be provided to the
news media entity or person described in
IC 34-46-4-1 under subsection (a) would
pose a clear and substantial threat to the
integrity of the criminal investigation;
the governmental entity shall certify the threat to
the court and notice of the search warrant shall be
given to the news media entity or person described
