§ 2706. — Cost reimbursement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2706]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL
RECORDS ACCESS
Sec. 2706. Cost reimbursement
(a) Payment.--Except as otherwise provided in subsection (c), a
governmental entity obtaining the contents of communications, records,
or other information under section 2702, 2703, or 2704 of this title
shall pay to the person or entity assembling or providing such
information a fee for reimbursement for such costs as are reasonably
necessary and which have been directly incurred in searching for,
assembling, reproducing, or otherwise providing such information. Such
reimbursable costs shall include any costs due to necessary disruption
of normal operations of any electronic communication service or remote
computing service in which such information may be stored.
(b) Amount.--The amount of the fee provided by subsection (a) shall
be as mutually agreed by the governmental entity and the person or
entity providing the information, or, in the absence of agreement, shall
be as determined by the court which issued the order for production of
such information (or the court before which a criminal prosecution
relating to such information would be brought, if no court order was
issued for production of the information).
(c) Exception.--The requirement of subsection (a) of this section
does not apply with respect to records or other information maintained
by a communications common carrier that relate to telephone toll records
and telephone listings obtained under section 2703 of this title. The
court may, however, order a payment as described in subsection (a) if
the court determines the information required is unusually voluminous in
nature or otherwise caused an undue burden on the provider.
(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
1866; amended Pub. L. 100-690, title VII, Sec. 7061, Nov. 18, 1988, 102
Stat. 4404.)
Amendments
1988--Subsec. (c). Pub. L. 100-690 inserted heading.
