Doyle, Chief Judge.
Christopher Courtney was charged with sexual exploitation of children by distributing child pornography from his computer.
"`On appellate review of a ruling on a motion to suppress, the trial court's findings on disputed facts will be upheld unless clearly erroneous, and its application of the law to undisputed facts is subject to de novo review.'"
Here, the relevant facts are undisputed. A detective with the Liberty County Sheriff's Office monitors the internet for child pornography activity. After noticing an increase in activity from a certain IP address, the detective used an "administrative subpoena," issued by the district attorney's office, to obtain identifying information from the IP — CenturyTel/CenturyLink ("Century") — including the physical address associated with the IP address.
Courtney moved to suppress the information obtained from Century, arguing that the detective's use of an administrative subpoena pursuant to OCGA § 16-9-108 (a), rather than a search warrant or court order pursuant to OCGA § 16-9-109 (b), was illegal because the latter statute provides the exclusive mechanism through which an IP may be compelled to disclose subscriber information. The trial court denied the motion but certified its ruling for immediate review. This application and appeal followed.
Before we can consider Courtney's challenge to the legality of the search of his subscriber information from Century, we must consider whether Courtney has standing to challenge that search. "[D]emonstrating standing is a threshold burden for suppression of the evidence."
This Court previously has held that an internet service customer has no reasonable expectation of privacy in subscriber information that he voluntarily conveys to an IP, noting "that the United States Supreme Court and Georgia appellate courts have held that a person has no reasonable expectation of privacy in information voluntarily conveyed to another."
Here, however, Courtney contends that OCGA § 16-9-109 (b) grants him a reasonable expectation of privacy in the information listed therein, including his name and address, because it defines the circumstances under which an IP may be compelled to disclose that information to a law enforcement agency. This argument is without merit because, as explained below, OCGA § 16-9-109 (b) addresses the disclosure obligations of third-party IPs, not individual criminal defendants.
Title 16, Chapter 9, Article 6 is the "Georgia Computer Systems Protection Act" ("the Act").
OCGA § 16-9-109, which is more narrow, addresses only disclosures by IPs. Subsection (a) of that Code section provides that law enforcement units and prosecutors may require IPs to disclose the contents of electronic communications if they obtain a search warrant from an appropriate court. Subsection (b) provides that:
(2) A provider of electronic communication service or remote computing service shall disclose to any law enforcement unit, the Attorney General, or any district attorney the: (A) Name; (B) Address; (C) Local and long distance telephone connection records, or records of session times and durations; (D) Length of service, including the start date, and types of service utilized; (E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service when any law enforcement unit uses a subpoena authorized by Code Section 16-9-108, 35-3-4.1, 5-15-17 or a grand jury or trial subpoena when any law enforcement unit complies with paragraph (1) of this subsection.
Thus, OCGA § 16-9-109 (b) sets forth the process by which a district attorney "may require [an IP] ... to disclose [certain subscriber
Judgment affirmed.
Andrews and Ray, JJ., concur.