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§ 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\
---------------------------------------------------------------------------
    \1\ So in original. The word ``or'' probably should not appear.
---------------------------------------------------------------------------
        (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.



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