§ 2705. — Delayed notice.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2705]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL
RECORDS ACCESS
Sec. 2705. Delayed notice
(a) Delay of Notification.--(1) A governmental entity acting under
section 2703(b) of this title may--
(A) where a court order is sought, include in the application a
request, which the court shall grant, for an order delaying the
notification required under section 2703(b) of this title for a
period not to exceed ninety days, if the court determines that there
is reason to believe that notification of the existence of the court
order may have an adverse result described in paragraph (2) of this
subsection; or
(B) where an administrative subpoena authorized by a Federal or
State statute or a Federal or State grand jury subpoena is obtained,
delay the notification required under section 2703(b) of this title
for a period not to exceed ninety days upon the execution of a
written certification of a supervisory official that there is reason
to believe that notification of the existence of the subpoena may
have an adverse result described in paragraph (2) of this
subsection.
(2) An adverse result for the purposes of paragraph (1) of this
subsection is--
(A) endangering the life or physical safety of an individual;
(B) flight from prosecution;
(C) destruction of or tampering with evidence;
(D) intimidation of potential witnesses; or
(E) otherwise seriously jeopardizing an investigation or unduly
delaying a trial.
(3) The governmental entity shall maintain a true copy of
certification under paragraph (1)(B).
(4) Extensions of the delay of notification provided in section 2703
of up to ninety days each may be granted by the court upon application,
or by certification by a governmental entity, but only in accordance
with subsection (b) of this section.
(5) Upon expiration of the period of delay of notification under
paragraph (1) or (4) of this subsection, the governmental entity shall
serve upon, or deliver by registered or first-class mail to, the
customer or subscriber a copy of the process or request together with
notice that--
(A) states with reasonable specificity the nature of the law
enforcement inquiry; and
(B) informs such customer or subscriber--
(i) that information maintained for such customer or
subscriber by the service provider named in such process or
request was supplied to or requested by that governmental
authority and the date on which the supplying or request took
place;
(ii) that notification of such customer or subscriber was
delayed;
(iii) what governmental entity or court made the
certification or determination pursuant to which that delay was
made; and
(iv) which provision of this chapter allowed such delay.
(6) As used in this subsection, the term ``supervisory official''
means the investigative agent in charge or assistant investigative agent
in charge or an equivalent of an investigating agency's headquarters or
regional office, or the chief prosecuting attorney or the first
assistant prosecuting attorney or an equivalent of a prosecuting
attorney's headquarters or regional office.
(b) Preclusion of Notice to Subject of Governmental Access.--A
governmental entity acting under section 2703, when it is not required
to notify the subscriber or customer under section 2703(b)(1), or to the
extent that it may delay such notice pursuant to subsection (a) of this
section, may apply to a court for an order commanding a provider of
electronic communications service or remote computing service to whom a
warrant, subpoena, or court order is directed, for such period as the
court deems appropriate, not to notify any other person of the existence
of the warrant, subpoena, or court order. The court shall enter such an
order if it determines that there is reason to believe that notification
of the existence of the warrant, subpoena, or court order will result
in--
(1) endangering the life or physical safety of an individual;
(2) flight from prosecution;
(3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or
(5) otherwise seriously jeopardizing an investigation or unduly
delaying a trial.
(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
1864.)
Section Referred to in Other Sections
This section is referred to in sections 2703, 2704, 3103a of this
title.
