TITLE 16
CRIMES AND OFFENSES
Section 9. Forgery and Fraudulent Practices, 16-9-1 through 16-9-157.
ARTICLE 6
COMPUTER SYSTEMS PROTECTION
16-9-108. Investigative and subpoena powers of district attorneys and the Attorney General.
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In any investigation of a violation of this article or any investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, Article 8 of Chapter 5 of this title, or Article 8 of this chapter involving the use of a computer in furtherance of the act, the Attorney General or any district attorney shall have the power to administer oaths; to call any party to testify under oath at such investigation; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. The Attorney General or any such district attorney is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers.
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In case of refusal to obey a subpoena issued under this Code section to any person and upon application by the Attorney General or district attorney, the superior court in whose jurisdiction the witness is to appear or in which the books, records, or papers are to be produced may issue to that person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
(Code 1981, §16-9-108, enacted by Ga. L. 2005, p. 199, § 4/SB 62; Ga. L. 2013, p. 524, § 1-2/HB 78.)
Law reviews.
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For article on 2005
enactment of this part, see 22 Ga. St. U.L. Rev. 39 (2005).
JUDICIAL DECISIONS
No expectation of privacy in subscriber information voluntarily conveyed to Internet provider.
- Trial court properly denied the defendant's motion to suppress identifying Internet subscriber information obtained by police pursuant to an administrative subpoena issued under O.C.G.A.
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16-9-108(a) because the defendant lacked standing to challenge the search of the defendant's Internet provider (IP) for identifying information since O.C.G.A.
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16-9-109(b) did not grant a defendant a reasonable expectation of privacy in subscriber information voluntarily conveyed to the IP. Courtney v. State, 340 Ga. App. 496, 797 S.E.2d 496 (2017).
