South Carolina bill seeks to ease child abuse data subpoenas

COLUMBIA, S.C. — A bill moving through the South Carolina State House would give the attorney general the power to issue subpoenas for electronic data in child sexual abuse material cases — a change supporters say could speed up investigations, but one that opponents argue may infringe on constitutional rights.

Law enforcement officials say the current process to subpoena online data through the courts can take weeks or even months. The proposed legislation would allow the attorney general to subpoena information tied to an email address or phone number after receiving an anonymous tip, potentially identifying a suspect faster.

“This bill cuts red tape. It makes it faster and more efficient for investigators to get to the scene of the crime when it involves abusing children,” said South Carolina Attorney General Alan Wilson.

Under the bill, any subsequent search based on the subpoenaed information would still require a judge to issue a warrant. But some lawmakers say the initial step — bypassing court approval for the subpoena itself — goes too far.

“If we slow us down, you’re just giving the bad guy time to get away,” said Sen. Greg Hembree, R-Horry, the bill’s sponsor. “Technology has created crimes that we didn’t even imagine 10 years ago. We now have revenge porn, AI child abuse. We have harassment, stalking done electronically now.”

Rep. Gil Gatch, R-Dorchester, said the bill as introduced raised concerns about privacy. He pushed for amendments on the House floor to add more steps in the process.

“It seemed that the bill was so broad that a solicitor or the attorney general could, without a warrant, behind closed doors, in secrecy, get a subpoena to grab your personal information so long as there was an anonymous tip,” Gatch said.

The House amendments the bill to require a circuit court judge to sign off on subpoenas based on probable cause. That change was backed by Rep. Seth Rose, D-Richland.

“Easy is not the answer,” Rose said. “It’s to make sure that it is efficient as possible, but at the same time, safeguard citizens’ rights and prevent unlawful searches and seizures.”

The House has sent the amended bill back to the Senate, where members are expected to reject the changes. Lawmakers from both chambers will likely meet in a conference committee to work out a compromise.