§ 2703. — Requirements for governmental access.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2703]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL
RECORDS ACCESS
Sec. 2703. Required disclosure of customer communications or
records
(a) Contents of Wire or Electronic Communications in Electronic
Storage.--A governmental entity may require the disclosure by a provider
of electronic communication service of the contents of a wire or
electronic communication, that is in electronic storage in an electronic
communications system for one hundred and eighty days or less, only
pursuant to a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure by a court with jurisdiction over
the offense under investigation or equivalent State warrant. A
governmental entity may require the disclosure by a provider of
electronic communications services of the contents of a wire or
electronic communication that has been in electronic storage in an
electronic communications system for more than one hundred and eighty
days by the means available under subsection (b) of this section.
(b) Contents of Wire or Electronic Communications in a Remote
Computing Service.--(1) A governmental entity may require a provider of
remote computing service to disclose the contents of any wire or
electronic communication to which this paragraph is made applicable by
paragraph (2) of this subsection--
(A) without required notice to the subscriber or customer, if
the governmental entity obtains a warrant issued using the
procedures described in the Federal Rules of Criminal Procedure by a
court with jurisdiction over the offense under investigation or
equivalent State warrant; or
(B) with prior notice from the governmental entity to the
subscriber or customer if the governmental entity--
(i) uses an administrative subpoena authorized by a Federal
or State statute or a Federal or State grand jury or trial
subpoena; or
(ii) obtains a court order for such disclosure under
subsection (d) of this section;
except that delayed notice may be given pursuant to section 2705 of
this title.
(2) Paragraph (1) is applicable with respect to any wire or
electronic communication that is held or maintained on that service--
(A) on behalf of, and received by means of electronic
transmission from (or created by means of computer processing of
communications received by means of electronic transmission from), a
subscriber or customer of such remote computing service; and
(B) solely for the purpose of providing storage or computer
processing services to such subscriber or customer, if the provider
is not authorized to access the contents of any such communications
for purposes of providing any services other than storage or
computer processing.
(c) Records Concerning Electronic Communication Service or Remote
Computing Service.--(1) A governmental entity may require a provider of
electronic communication service or remote computing service to disclose
a record or other information pertaining to a subscriber to or customer
of such service (not including the contents of communications) only when
the governmental entity--
(A) obtains a warrant issued using the procedures described in
the Federal Rules of Criminal Procedure by a court with jurisdiction
over the offense under investigation or equivalent State warrant;
(B) obtains a court order for such disclosure under subsection
(d) of this section;
(C) has the consent of the subscriber or customer to such
disclosure; or \1\
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\1\ So in original. The word ``or'' probably should not appear.
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(D) submits a formal written request relevant to a law
enforcement investigation concerning telemarketing fraud for the
name, address, and place of business of a subscriber or customer of
such provider, which subscriber or customer is engaged in
telemarketing (as such term is defined in section 2325 of this
title); or
(E) seeks information under paragraph (2).
(2) A provider of electronic communication service or remote
computing service shall disclose to a governmental entity 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 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 the governmental
entity uses an administrative subpoena authorized by a Federal or State
statute or a Federal or State grand jury or trial subpoena or any means
available under paragraph (1).
(3) A governmental entity receiving records or information under
this subsection is not required to provide notice to a subscriber or
customer.
(d) Requirements for Court Order.--A court order for disclosure
under subsection (b) or (c) may be issued by any court that is a court
of competent jurisdiction and shall issue only if the governmental
entity offers specific and articulable facts showing that there are
reasonable grounds to believe that the contents of a wire or electronic
communication, or the records or other information sought, are relevant
and material to an ongoing criminal investigation. In the case of a
State governmental authority, such a court order shall not issue if
prohibited by the law of such State. A court issuing an order pursuant
to this section, on a motion made promptly by the service provider, may
quash or modify such order, if the information or records requested are
unusually voluminous in nature or compliance with such order otherwise
would cause an undue burden on such provider.
(e) No Cause of Action Against a Provider Disclosing Information
Under This Chapter.--No cause of action shall lie in any court against
any provider of wire or electronic communication service, its officers,
employees, agents, or other specified persons for providing information,
facilities, or assistance in accordance with the terms of a court order,
warrant, subpoena, statutory authorization, or certification under this
chapter.
(f) Requirement To Preserve Evidence.--
(1) In general.--A provider of wire or electronic communication
services or a remote computing service, upon the request of a
governmental entity, shall take all necessary steps to preserve
records and other evidence in its possession pending the issuance of
a court order or other process.
(2) Period of retention.--Records referred to in paragraph (1)
shall be retained for a period of 90 days, which shall be extended
for an additional 90-day period upon a renewed request by the
governmental entity.
(g) Presence of Officer Not Required.--Notwithstanding section 3105
of this title, the presence of an officer shall not be required for
service or execution of a search warrant issued in accordance with this
chapter requiring disclosure by a provider of electronic communications
service or remote computing service of the contents of communications or
records or other information pertaining to a subscriber to or customer
of such service.
(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
1861; amended Pub. L. 100-690, title VII, Secs. 7038, 7039, Nov. 18,
1988, 102 Stat. 4399; Pub. L. 103-322, title XXXIII, Sec. 330003(b),
Sept. 13, 1994, 108 Stat. 2140; Pub. L. 103-414, title II, Sec. 207(a),
Oct. 25, 1994, 108 Stat. 4292; Pub. L. 104-132, title VIII, Sec. 804,
Apr. 24, 1996, 110 Stat. 1305; Pub. L. 104-293, title VI, Sec. 601(b),
Oct. 11, 1996, 110 Stat. 3469; Pub. L. 104-294, title VI, Sec. 605(f),
Oct. 11, 1996, 110 Stat. 3510; Pub. L. 105-184, Sec. 8, June 23, 1998,
112 Stat. 522; Pub. L. 107-56, title II, Secs. 209(2), 210, 212(b)(1),
220(a)(1), (b), Oct. 26, 2001, 115 Stat. 283, 285, 291, 292; Pub. L.
107-273, div. B, title IV, Sec. 4005(a)(2), div. C, title I, Sec. 11010,
Nov. 2, 2002, 116 Stat. 1812, 1822; Pub. L. 107-296, title II,
Sec. 225(h)(1), Nov. 25, 2002, 116 Stat. 2158.)
Amendment of Section
For termination of amendment by sections 209(2), 212(b)(1),
220(a)(1), (b) of Pub. L. 107-56, see Termination Date of 2001
Amendment note below.
References in Text
The Federal Rules of Criminal Procedure, referred to in subsecs.
(a), (b)(1)(A), and (c)(1)(B)(i), are set out in the Appendix to this
title.
Amendments
2002--Subsec. (c)(1)(E). Pub. L. 107-273, Sec. 4005(a)(2), realigned
margins.
Subsec. (e). Pub. L. 107-296 inserted ``, statutory authorization''
after ``subpoena''.
Subsec. (g). Pub. L. 107-273, Sec. 11010, added subsec. (g).
2001--Pub. L. 107-56, Secs. 212(b)(1)(A), 224, temporarily
substituted ``Required disclosure of customer communications or
records'' for ``Requirements for governmental access'' in section
catchline. See Termination Date of 2001 Amendment note below.
Subsec. (a). Pub. L. 107-56, Secs. 209(2)(A), (B), 220(a)(1), 224,
temporarily substituted ``Contents of Wire or Electronic'' for
``Contents of Electronic'' in heading and ``contents of a wire or
electronic'' for ``contents of an electronic'' in two places and ``using
the procedures described in the Federal Rules of Criminal Procedure by a
court with jurisdiction over the offense under investigation'' for
``under the Federal Rules of Criminal Procedure'' in text. See
Termination Date of 2001 Amendment note below.
Subsec. (b). Pub. L. 107-56, Secs. 209(2)(A), 224, temporarily
substituted ``Contents of Wire or Electronic'' for ``Contents of
Electronic'' in heading. See Termination Date of 2001 Amendment note
below.
Subsec. (b)(1). Pub. L. 107-56, Secs. 209(2)(C), 220(a)(1), 224,
temporarily substituted ``any wire or electronic communication'' for
``any electronic communication'' in introductory provisions and ``using
the procedures described in the Federal Rules of Criminal Procedure by a
court with jurisdiction over the offense under investigation'' for
``under the Federal Rules of Criminal Procedure'' in subpar. (A). See
Termination Date of 2001 Amendment note below.
Subsec. (b)(2). Pub. L. 107-56, Secs. 209(2)(C), 224, temporarily
substituted ``any wire or electronic communication'' for ``any
electronic communication'' in introductory provisions. See Termination
Date of 2001 Amendment note below.
Subsec. (c)(1). Pub. L. 107-56, Secs. 212(b)(1)(C), 220(a)(1), 224,
temporarily designated subpar. (A) and introductory provisions of
subpar. (B) as par. (1), substituted ``A governmental entity may require
a provider of electronic communication service or remote computing
service to'' for ``(A) Except as provided in subparagraph (B), a
provider of electronic communication service or remote computing service
may'' and a closing parenthesis for provisions which began with
``covered by subsection (a) or (b) of this section) to any person other
than a governmental entity.'' in former subpar. (A) and ended with ``(B)
A provider of electronic communication service or remote computing
service shall disclose a record or other information pertaining to a
subscriber to or customer of such service (not including the contents of
communications covered by subsection (a) or (b) of this section) to a
governmental entity'', redesignated clauses (i) to (iv) of former
subpar. (B) as subpars. (A) to (D), respectively, substituted ``using
the procedures described in the Federal Rules of Criminal Procedure by a
court with jurisdiction over the offense under investigation'' for
``under the Federal Rules of Criminal Procedure'' in subpar. (A) and ``;
or'' for period at end of subpar. (D), added subpar. (E), and
redesignated former subpar. (C) as par. (2). See Termination Date of
2001 Amendment note below.
Subsec. (c)(2). Pub. L. 107-56, Sec. 210, amended par. (2), as
redesignated by section 212 of Pub. L. 107-56, by substituting ``entity
the--'' for ``entity the name, address, local and long distance
telephone toll billing records, telephone number or other subscriber
number or identity, and length of service of a subscriber'' in
introductory provisions, inserting subpars. (A) to (F), striking out
``and the types of services the subscriber or customer utilized,''
before ``when the governmental entity uses an administrative subpoena'',
inserting ``of a subscriber'' at beginning of concluding provisions and
designating ``to or customer of such service when the governmental
entity uses an administrative subpoena authorized by a Federal or State
statute or a Federal or State grand jury or trial subpoena or any means
available under paragraph (1).'' as remainder of concluding provisions.
Pub. L. 107-56, Secs. 212(b)(1)(C)(iii), (D), 224, temporarily
redesignated subpar. (C) of par. (1) as par. (2) and temporarily
substituted ``paragraph (1)'' for ``subparagraph (B)''. See Termination
Date of 2001 Amendment note below.
Pub. L. 107-56, Secs. 212(b)(1)(B), 224, temporarily redesignated
par. (2) as (3). See Termination Date of 2001 Amendment note below.
Subsec. (c)(3). Pub. L. 107-56, Secs. 212(b)(1)(B), 224, temporarily
redesignated par. (2) as (3). See Termination Date of 2001 Amendment
note below.
Subsec. (d). Pub. L. 107-56, Secs. 220(b), 224, temporarily struck
out ``described in section 3127(2)(A)'' after ``court of competent
jurisdiction''. See Termination Date of 2001 Amendment note below.
1998--Subsec. (c)(1)(B)(iv). Pub. L. 105-184 added cl. (iv).
1996--Subsec. (c)(1)(C). Pub. L. 104-293 inserted ``local and long
distance'' after ``address,''.
Subsec. (d). Pub. L. 104-294 substituted ``in section 3127(2)(A)''
for ``in section 3126(2)(A)''.
Subsec. (f). Pub. L. 104-132 added subsec. (f).
1994--Subsec. (c)(1)(B). Pub. L. 103-414, Sec. 207(a)(1)(A),
redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and struck
out former cl. (i) which read as follows: ``uses an administrative
subpoena authorized by a Federal or State statute, or a Federal or State
grand jury or trial subpoena;''.
Subsec. (c)(1)(C). Pub. L. 103-414, Sec. 207(a)(1)(B), added subpar.
(C).
Subsec. (d). Pub. L. 103-414, Sec. 207(a)(2), amended first sentence
generally. Prior to amendment, first sentence read as follows: ``A court
order for disclosure under subsection (b) or (c) of this section may be
issued by any court that is a court of competent jurisdiction set forth
in section 3127(2)(A) of this title and shall issue only if the
governmental entity shows that there is reason to believe the contents
of a wire or electronic communication, or the records or other
information sought, are relevant to a legitimate law enforcement
inquiry.''
Pub. L. 103-322 substituted ``section 3127(2)(A)'' for ``section
3126(2)(A)''.
1988--Subsecs. (b)(1)(B)(i), (c)(1)(B)(i). Pub. L. 100-690,
Sec. 7038, inserted ``or trial'' after ``grand jury''.
Subsec. (d). Pub. L. 100-690, Sec. 7039, inserted ``may be issued by
any court that is a court of competent jurisdiction set forth in section
3126(2)(A) of this title and'' before ``shall issue''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Termination Date of 2001 Amendment
Amendment by sections 209(2), 212(b)(1), 220(a)(1), (b) of Pub. L.
107-56 to cease to have effect Dec. 31, 2005, except amendment to
continue in effect with respect to any particular foreign intelligence
investigation that began before Dec. 31, 2005, or with respect to any
particular offense or potential offense that began or occurred before
Dec. 31, 2005, see section 224 of Pub. L. 107-56, set out as a note
under section 2510 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2701, 2702, 2704, 2705,
2706, 2707 of this title.