US (United States) Code. Title 18. Chapter 121: Stored wire and electronic communications

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure. Transactional records access

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 38 páginas
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-CITE-

18 USC CHAPTER 121 - STORED WIRE AND ELECTRONIC

COMMUNICATIONS AND TRANSACTIONAL RECORDS

ACCESS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

.

-HEAD-

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-MISC1-

Sec.

2701. Unlawful access to stored communications.

2702. Voluntary disclosure of customer communications or records.

2703. Required disclosure of customer communications or records.

2704. Backup preservation.

2705. Delayed notice.

2706. Cost reimbursement.

2707. Civil action.

2708. Exclusivity of remedies.

2709. Counterintelligence access to telephone toll and

transactional records.

2710. Wrongful disclosure of video tape rental or sale records.

2711. Definitions for chapter.

2712. Civil actions against the United States.

AMENDMENTS

2002 - Pub. L. 107-273, div. B, title IV, Sec. 4005(b), Nov. 2,

2002, 116 Stat. 1812, made technical correction to directory

language of Pub. L. 107-56, title II, Sec. 223(c)(2), Oct. 26,

2001, 115 Stat. 295, effective Oct. 26, 2001. See 2001 Amendment

note below.

2001 - Pub. L. 107-56, title II, Sec. 223(c)(2), 224, Oct. 26,

2001, 115 Stat. 295, as amended by Pub. L. 107-273, div. B, title

IV, Sec. 4005(b), Nov. 2, 2002, 116 Stat. 1812, temporarily added

item 2712.

Pub. L. 107-56, title II, Sec. 212(a)(2), (b)(2), 224, Oct. 26,

2001, 115 Stat. 285, 295, temporarily substituted ''Voluntary

disclosure of customer communications or records'' for ''Disclosure

of contents'' in item 2702 and ''Required disclosure of customer

communications or records'' for ''Requirements for governmental

access'' in item 2703.

1988 - Pub. L. 100-690, title VII, Sec. 7067, Nov. 18, 1988, 102

Stat. 4405, which directed amendment of item 2710 by inserting

''for chapter'' after ''Definitions'' was executed by making the

insertion in item 2711 to reflect the probable intent of Congress

and the intervening redesignation of item 2710 as 2711 by Pub. L.

100-618, see below.

Pub. L. 100-618, Sec. 2(b), Nov. 5, 1988, 102 Stat. 3197, added

item 2710 and redesignated former item 2710 as 2711.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2511, 3103a of this

title; title 47 sections 551, 1008.

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18 USC Sec. 2701 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2701. Unlawful access to stored communications

-STATUTE-

(a) Offense. - Except as provided in subsection (c) of this

section whoever -

(1) intentionally accesses without authorization a facility

through which an electronic communication service is provided; or

(2) intentionally exceeds an authorization to access that

facility;

and thereby obtains, alters, or prevents authorized access to a

wire or electronic communication while it is in electronic storage

in such system shall be punished as provided in subsection (b) of

this section.

(b) Punishment. - The punishment for an offense under subsection

(a) of this section is -

(1) if the offense is committed for purposes of commercial

advantage, malicious destruction or damage, or private commercial

gain, or in furtherance of any criminal or tortious act in

violation of the Constitution or laws of the United States or any

State -

(A) a fine under this title or imprisonment for not more than

5 years, or both, in the case of a first offense under this

subparagraph; and

(B) a fine under this title or imprisonment for not more than

10 years, or both, for any subsequent offense under this

subparagraph; and

(2) in any other case -

(A) a fine under this title or imprisonment for not more than

1 year or both, in the case of a first offense under this

paragraph; and

(B) a fine under this title or imprisonment for not more than

5 years, or both, in the case of an offense under this

subparagraph that occurs after a conviction of another offense

under this section.

(c) Exceptions. - Subsection (a) of this section does not apply

with respect to conduct authorized -

(1) by the person or entity providing a wire or electronic

communications service;

(2) by a user of that service with respect to a communication

of or intended for that user; or

(3) in section 2703, 2704 or 2518 of this title.

-SOURCE-

(Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100

Stat. 1860; amended Pub. L. 103-322, title XXXIII, Sec.

330016(1)(K), (U), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L.

104-294, title VI, Sec. 601(a)(3), Oct. 11, 1996, 110 Stat. 3498;

Pub. L. 107-296, title II, Sec. 225(j)(2), Nov. 25, 2002, 116 Stat.

2158.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-296, Sec. 225(j)(2)(A), in

introductory provisions, inserted '', or in furtherance of any

criminal or tortious act in violation of the Constitution or laws

of the United States or any State'' after ''commercial gain''.

Subsec. (b)(1)(A). Pub. L. 107-296, Sec. 225(j)(2)(B),

substituted ''5 years'' for ''one year''.

Subsec. (b)(1)(B). Pub. L. 107-296, Sec. 225(j)(2)(C),

substituted ''10 years'' for ''two years''.

Subsec. (b)(2). Pub. L. 107-296, Sec. 225(j)(2)(D), added par.

(2) and struck out former par. (2) which read as follows: ''a fine

under this title or imprisonment for not more than six months, or

both, in any other case.''

1996 - Subsec. (b)(1)(A), (2). Pub. L. 104-294 substituted ''fine

under this title'' for ''fine of under this title''.

1994 - Subsec. (b)(1)(A). Pub. L. 103-322, Sec. 330016(1)(U),

substituted ''under this title'' for ''not more than $250,000''.

Subsec. (b)(2). Pub. L. 103-322, Sec. 330016(1)(K), substituted

''under this title'' for ''not more than $5,000''.

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.

EFFECTIVE DATE

Section 202 of title II of Pub. L. 99-508 provided that: ''This

title and the amendments made by this title (enacting this chapter)

shall take effect ninety days after the date of the enactment of

this Act (Oct. 21, 1986) and shall, in the case of conduct pursuant

to a court order or extension, apply only with respect to court

orders or extensions made after this title takes effect.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-618, Sec. 1, Nov. 5, 1988, 102 Stat. 3195, provided

that: ''This Act (enacting section 2710 of this title and

renumbering former section 2710 as 2711 of this title) may be cited

as the 'Video Privacy Protection Act of 1988'.''

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18 USC Sec. 2702 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2702. Voluntary disclosure of customer communications or

records

-STATUTE-

(a) Prohibitions. - Except as provided in subsection (b) -

(1) a person or entity providing an electronic communication

service to the public shall not knowingly divulge to any person

or entity the contents of a communication while in electronic

storage by that service; and

(2) a person or entity providing remote computing service to

the public shall not knowingly divulge to any person or entity

the contents of any communication which is carried 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 service;

(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; and

(3) a provider of remote computing service or electronic

communication service to the public shall not knowingly divulge a

record or other information pertaining to a subscriber to or

customer of such service (not including the contents of

communications covered by paragraph (1) or (2)) to any

governmental entity.

(b) Exceptions for disclosure of communications. - A provider

described in subsection (a) may divulge the contents of a

communication -

(1) to an addressee or intended recipient of such communication

or an agent of such addressee or intended recipient;

(2) as otherwise authorized in section 2517, 2511(2)(a), or

2703 of this title;

(3) with the lawful consent of the originator or an addressee

or intended recipient of such communication, or the subscriber in

the case of remote computing service;

(4) to a person employed or authorized or whose facilities are

used to forward such communication to its destination;

(5) as may be necessarily incident to the rendition of the

service or to the protection of the rights or property of the

provider of that service;

(6) to a law enforcement agency -

(A) if the contents -

(i) were inadvertently obtained by the service provider;

and

(ii) appear to pertain to the commission of a crime; or

(B) if required by section 227 of the Crime Control Act of

1990; or

(7) to a Federal, State, or local governmental entity, if the

provider, in good faith, believes that an emergency involving

danger of death or serious physical injury to any person requires

disclosure without delay of communications relating to the

emergency.

(c) Exceptions for Disclosure of Customer Records. - A provider

described in subsection (a) may divulge 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)(1) or (a)(2)) -

(1) as otherwise authorized in section 2703;

(2) with the lawful consent of the customer or subscriber;

(3) as may be necessarily incident to the rendition of the

service or to the protection of the rights or property of the

provider of that service;

(4) to a governmental entity, if the provider reasonably

believes that an emergency involving immediate danger of death or

serious physical injury to any person justifies disclosure of the

information; or

(5) to any person other than a governmental entity.

-SOURCE-

(Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100

Stat. 1860; amended Pub. L. 100-690, title VII, Sec. 7037, Nov. 18,

1988, 102 Stat. 4399; Pub. L. 105-314, title VI, Sec. 604(b), Oct.

30, 1998, 112 Stat. 2984; Pub. L. 107-56, title II, Sec. 212(a)(1),

Oct. 26, 2001, 115 Stat. 284; Pub. L. 107-296, title II, Sec.

225(d)(1), Nov. 25, 2002, 116 Stat. 2157.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by Pub. L. 107-56, see Termination

Date of 2001 Amendment note below.

-REFTEXT-

REFERENCES IN TEXT

Section 227 of the Crime Control Act of 1990, referred to in

subsec. (b)(6)(B), is classified to section 13032 of Title 42, The

Public Health and Welfare.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(6)(A). Pub. L. 107-296, Sec. 225(d)(1)(B),

inserted ''or'' at end.

Subsec. (b)(6)(C). Pub. L. 107-296, Sec. 225(d)(1)(C), struck out

subpar. (C) which read as follows: ''if the provider reasonably

believes that an emergency involving immediate danger of death or

serious physical injury to any person requires disclosure of the

information without delay.''

Subsec. (b)(7). Pub. L. 107-296, Sec. 225(d)(1)(A), (D), added

par. (7).

2001 - Pub. L. 107-56, Sec. 212(a)(1)(A), 224, temporarily

substituted ''Voluntary disclosure of customer communications or

records'' for ''Disclosure of contents'' in section catchline. See

Termination Date of 2001 Amendment note below.

Subsec. (a)(3). Pub. L. 107-56, Sec. 212(a)(1)(B), 224,

temporarily added par. (3). See Termination Date of 2001 Amendment

note below.

Subsec. (b). Pub. L. 107-56, Sec. 212(a)(1)(C), 224, temporarily

substituted ''Exceptions for disclosure of communications'' for

''Exceptions'' in heading and ''A provider described in subsection

(a)'' for ''A person or entity'' in introductory provisions. See

Termination Date of 2001 Amendment note below.

Subsec. (b)(6)(C). Pub. L. 107-56, Sec. 212(a)(1)(D), 224,

temporarily added subpar. (C). See Termination Date of 2001

Amendment note below.

Subsec. (c). Pub. L. 107-56, Sec. 212(a)(1)(E), 224, temporarily

added subsec. (c). See Termination Date of 2001 Amendment note

below.

1998 - Subsec. (b)(6). Pub. L. 105-314 amended par. (6)

generally. Prior to amendment, par. (6) read as follows: ''to a

law enforcement agency, if such contents -

''(A) were inadvertently obtained by the service provider; and

''(B) appear to pertain to the commission of a crime.''

1988 - Subsec. (b)(2). Pub. L. 100-690 substituted ''2517'' for

''2516''.

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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2706 of this title; title

6 section 145.

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18 USC Sec. 2703 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2703. Required disclosure of customer communications or

records

-STATUTE-

(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 (FOOTNOTE 1)

(FOOTNOTE 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.

-SOURCE-

(Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100

Stat. 1861; amended Pub. L. 100-690, title VII, Sec. 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, Sec. 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.)

-STATAMEND-

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.

-REFTEXT-

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.

-MISC2-

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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2701, 2702, 2704, 2705,

2706, 2707 of this title.

-CITE-

18 USC Sec. 2704 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2704. Backup preservation

-STATUTE-

(a) Backup Preservation. - (1) A governmental entity acting under

section 2703(b)(2) may include in its subpoena or court order a

requirement that the service provider to whom the request is

directed create a backup copy of the contents of the electronic

communications sought in order to preserve those communications.

Without notifying the subscriber or customer of such subpoena or

court order, such service provider shall create such backup copy as

soon as practicable consistent with its regular business practices

and shall confirm to the governmental entity that such backup copy

has been made. Such backup copy shall be created within two

business days after receipt by the service provider of the subpoena

or court order.

(2) Notice to the subscriber or customer shall be made by the

governmental entity within three days after receipt of such

confirmation, unless such notice is delayed pursuant to section

2705(a).

(3) The service provider shall not destroy such backup copy until

the later of -

(A) the delivery of the information; or

(B) the resolution of any proceedings (including appeals of any

proceeding) concerning the government's subpoena or court order.

(4) The service provider shall release such backup copy to the

requesting governmental entity no sooner than fourteen days after

the governmental entity's notice to the subscriber or customer if

such service provider -

(A) has not received notice from the subscriber or customer

that the subscriber or customer has challenged the governmental

entity's request; and

(B) has not initiated proceedings to challenge the request of

the governmental entity.

(5) A governmental entity may seek to require the creation of a

backup copy under subsection (a)(1) of this section if in its sole

discretion such entity determines that there is reason to believe

that notification under section 2703 of this title of the existence

of the subpoena or court order may result in destruction of or

tampering with evidence. This determination is not subject to

challenge by the subscriber or customer or service provider.

(b) Customer Challenges. - (1) Within fourteen days after notice

by the governmental entity to the subscriber or customer under

subsection (a)(2) of this section, such subscriber or customer may

file a motion to quash such subpoena or vacate such court order,

with copies served upon the governmental entity and with written

notice of such challenge to the service provider. A motion to

vacate a court order shall be filed in the court which issued such

order. A motion to quash a subpoena shall be filed in the

appropriate United States district court or State court. Such

motion or application shall contain an affidavit or sworn statement

-

(A) stating that the applicant is a customer or subscriber to

the service from which the contents of electronic communications

maintained for him have been sought; and

(B) stating the applicant's reasons for believing that the

records sought are not relevant to a legitimate law enforcement

inquiry or that there has not been substantial compliance with

the provisions of this chapter in some other respect.

(2) Service shall be made under this section upon a governmental

entity by delivering or mailing by registered or certified mail a

copy of the papers to the person, office, or department specified

in the notice which the customer has received pursuant to this

chapter. For the purposes of this section, the term ''delivery''

has the meaning given that term in the Federal Rules of Civil

Procedure.

(3) If the court finds that the customer has complied with

paragraphs (1) and (2) of this subsection, the court shall order

the governmental entity to file a sworn response, which may be

filed in camera if the governmental entity includes in its response

the reasons which make in camera review appropriate. If the court

is unable to determine the motion or application on the basis of

the parties' initial allegations and response, the court may

conduct such additional proceedings as it deems appropriate. All

such proceedings shall be completed and the motion or application

decided as soon as practicable after the filing of the governmental

entity's response.

(4) If the court finds that the applicant is not the subscriber

or customer for whom the communications sought by the governmental

entity are maintained, or that there is a reason to believe that

the law enforcement inquiry is legitimate and that the

communications sought are relevant to that inquiry, it shall deny

the motion or application and order such process enforced. If the

court finds that the applicant is the subscriber or customer for

whom the communications sought by the governmental entity are

maintained, and that there is not a reason to believe that the

communications sought are relevant to a legitimate law enforcement

inquiry, or that there has not been substantial compliance with the

provisions of this chapter, it shall order the process quashed.

(5) A court order denying a motion or application under this

section shall not be deemed a final order and no interlocutory

appeal may be taken therefrom by the customer.

-SOURCE-

(Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100

Stat. 1863.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(b)(2), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2701, 2706 of this title.

-CITE-

18 USC Sec. 2705 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2705. Delayed notice

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100

Stat. 1864.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2703, 2704, 3103a of this

title.

-CITE-

18 USC Sec. 2706 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2706. Cost reimbursement

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-690 inserted heading.

-CITE-

18 USC Sec. 2707 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2707. Civil action

-STATUTE-

(a) Cause of Action. - Except as provided in section 2703(e), any

provider of electronic communication service, subscriber, or other

person aggrieved by any violation of this chapter in which the

conduct constituting the violation is engaged in with a knowing or

intentional state of mind may, in a civil action, recover from the

person or entity, other than the United States, which engaged in

that violation such relief as may be appropriate.

(b) Relief. - In a civil action under this section, appropriate

relief includes -

(1) such preliminary and other equitable or declaratory relief

as may be appropriate;

(2) damages under subsection (c); and

(3) a reasonable attorney's fee and other litigation costs

reasonably incurred.

(c) Damages. - The court may assess as damages in a civil action

under this section the sum of the actual damages suffered by the

plaintiff and any profits made by the violator as a result of the

violation, but in no case shall a person entitled to recover

receive less than the sum of $1,000. If the violation is willful or

intentional, the court may assess punitive damages. In the case of

a successful action to enforce liability under this section, the

court may assess the costs of the action, together with reasonable

attorney fees determined by the court.

(d) Administrative Discipline. - If a court or appropriate

department or agency determines that the United States or any of

its departments or agencies has violated any provision of this

chapter, and the court or appropriate department or agency finds

that the circumstances surrounding the violation raise serious

questions about whether or not an officer or employee of the United

States acted willfully or intentionally with respect to the

violation, the department or agency shall, upon receipt of a true

and correct copy of the decision and findings of the court or

appropriate department or agency promptly initiate a proceeding to

determine whether disciplinary action against the officer or

employee is warranted. If the head of the department or agency

involved determines that disciplinary action is not warranted, he

or she shall notify the Inspector General with jurisdiction over

the department or agency concerned and shall provide the Inspector

General with the reasons for such determination.

(e) Defense. - A good faith reliance on -

(1) a court warrant or order, a grand jury subpoena, a

legislative authorization, or a statutory authorization

(including a request of a governmental entity under section

2703(f) of this title);

(2) a request of an investigative or law enforcement officer

under section 2518(7) of this title; or

(3) a good faith determination that section 2511(3) of this

title permitted the conduct complained of;

is a complete defense to any civil or criminal action brought under

this chapter or any other law.

(f) Limitation. - A civil action under this section may not be

commenced later than two years after the date upon which the

claimant first discovered or had a reasonable opportunity to

discover the violation.

(g) Improper Disclosure. - Any willful disclosure of a

''record'', as that term is defined in section 552a(a) of title 5,

United States Code, obtained by an investigative or law enforcement

officer, or a governmental entity, pursuant to section 2703 of this

title, or from a device installed pursuant to section 3123 or 3125

of this title, that is not a disclosure made in the proper

performance of the official functions of the officer or

governmental entity making the disclosure, is a violation of this

chapter. This provision shall not apply to information previously

lawfully disclosed (prior to the commencement of any civil or

administrative proceeding under this chapter) to the public by a

Federal, State, or local governmental entity or by the plaintiff in

a civil action under this chapter.

-SOURCE-

(Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100

Stat. 1866; amended Pub. L. 104-293, title VI, Sec. 601(c), Oct.

11, 1996, 110 Stat. 3469; Pub. L. 107-56, title II, Sec. 223(b),

title VIII, Sec. 815, Oct. 26, 2001, 115 Stat. 293, 384; Pub. L.

107-273, div. B, title IV, Sec. 4005(f)(2), Nov. 2, 2002, 116

Stat. 1813.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by section 223(b) of Pub. L.

107-56, see Termination Date of 2001 Amendment note below.

-MISC1-

AMENDMENTS

2002 - Subsec. (e)(1). Pub. L. 107-273 made technical correction

to directory language of Pub. L. 107-56, Sec. 815. See 2001

Amendment note below.

2001 - Subsec. (a). Pub. L. 107-56, Sec. 223(b)(1), 224,

temporarily inserted '', other than the United States,'' after

''person or entity''. See Termination Date of 2001 Amendment note

below.

Subsec. (d). Pub. L. 107-56, Sec. 223(b)(2), 224, temporarily

added subsec. (d) and temporarily struck out heading and text of

former subsec. (d). Text read as follows: ''If a court determines

that any agency or department of the United States has violated

this chapter and the court finds that the circumstances surrounding

the violation raise the question whether or not an officer or

employee of the agency or department acted willfully or

intentionally with respect to the violation, the agency or

department concerned shall promptly initiate a proceeding to

determine whether or not disciplinary action is warranted against

the officer or employee.'' See Termination Date of 2001 Amendment

note below.

Subsec. (e)(1). Pub. L. 107-56, Sec. 815, as amended by Pub. L.

107-273, inserted ''(including a request of a governmental entity

under section 2703(f) of this title)'' after ''or a statutory

authorization''.

Subsec. (g). Pub. L. 107-56, Sec. 223(b)(3), 224, temporarily

added subsec. (g). See Termination Date of 2001 Amendment note

below.

1996 - Subsec. (a). Pub. L. 104-293, Sec. 601(c)(1), substituted

''other person'' for ''customer''.

Subsec. (c). Pub. L. 104-293, Sec. 601(c)(2), inserted at end

''If the violation is willful or intentional, the court may assess

punitive damages. In the case of a successful action to enforce

liability under this section, the court may assess the costs of the

action, together with reasonable attorney fees determined by the

court.''

Subsecs. (d) to (f). Pub. L. 104-293, Sec. 601(c)(3), (4), added

subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and

(f), respectively.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4005(f)(2), Nov. 2,

2002, 116 Stat. 1813, provided that the amendment made by section

4005(f)(2) is effective Oct. 26, 2001.

TERMINATION DATE OF 2001 AMENDMENT

Amendment by section 223(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.

-CITE-

18 USC Sec. 2708 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2708. Exclusivity of remedies

-STATUTE-

The remedies and sanctions described in this chapter are the only

judicial remedies and sanctions for nonconstitutional violations of

this chapter.

-SOURCE-

(Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100

Stat. 1867.)

-CITE-

18 USC Sec. 2709 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2709. Counterintelligence access to telephone toll and

transactional records

-STATUTE-

(a) Duty to Provide. - A wire or electronic communication service

provider shall comply with a request for subscriber information and

toll billing records information, or electronic communication

transactional records in its custody or possession made by the

Director of the Federal Bureau of Investigation under subsection

(b) of this section.

(b) Required Certification. - The Director of the Federal Bureau

of Investigation, or his designee in a position not lower than

Deputy Assistant Director at Bureau headquarters or a Special Agent

in Charge in a Bureau field office designated by the Director, may

-

(1) request the name, address, length of service, and local and

long distance toll billing records of a person or entity if the

Director (or his designee) certifies in writing to the wire or

electronic communication service provider to which the request is

made that the name, address, length of service, and toll billing

records sought are relevant to an authorized investigation to

protect against international terrorism or clandestine

intelligence activities, provided that such an investigation of a

United States person is not conducted solely on the basis of

activities protected by the first amendment to the Constitution

of the United States; and

(2) request the name, address, and length of service of a

person or entity if the Director (or his designee) certifies in

writing to the wire or electronic communication service provider

to which the request is made that the information sought is

relevant to an authorized investigation to protect against

international terrorism or clandestine intelligence activities,

provided that such an investigation of a United States person is

not conducted solely upon the basis of activities protected by

the first amendment to the Constitution of the United States.

(c) Prohibition of Certain Disclosure. - No wire or electronic

communication service provider, or officer, employee, or agent

thereof, shall disclose to any person that the Federal Bureau of

Investigation has sought or obtained access to information or

records under this section.

(d) Dissemination by Bureau. - The Federal Bureau of

Investigation may disseminate information and records obtained

under this section only as provided in guidelines approved by the

Attorney General for foreign intelligence collection and foreign

counterintelligence investigations conducted by the Federal Bureau

of Investigation, and, with respect to dissemination to an agency

of the United States, only if such information is clearly relevant

to the authorized responsibilities of such agency.

(e) Requirement That Certain Congressional Bodies Be Informed. -

On a semiannual basis the Director of the Federal Bureau of

Investigation shall fully inform the Permanent Select Committee on

Intelligence of the House of Representatives and the Select

Committee on Intelligence of the Senate, and the Committee on the

Judiciary of the House of Representatives and the Committee on the

Judiciary of the Senate, concerning all requests made under

subsection (b) of this section.

-SOURCE-

(Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100

Stat. 1867; amended Pub. L. 103-142, Nov. 17, 1993, 107 Stat. 1491;

Pub. L. 104-293, title VI, Sec. 601(a), Oct. 11, 1996, 110 Stat.

3469; Pub. L. 107-56, title V, Sec. 505(a), Oct. 26, 2001, 115

Stat. 365.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-56, Sec. 505(a)(1), inserted ''at

Bureau headquarters or a Special Agent in Charge in a Bureau field

office designated by the Director'' after ''Deputy Assistant

Director'' in introductory provisions.

Subsec. (b)(1). Pub. L. 107-56, Sec. 505(a)(2), struck out ''in a

position not lower than Deputy Assistant Director'' after ''(or his

designee'' and substituted ''made that the name, address, length of

service, and toll billing records sought are relevant to an

authorized investigation to protect against international terrorism

or clandestine intelligence activities, provided that such an

investigation of a United States person is not conducted solely on

the basis of activities protected by the first amendment to the

Constitution of the United States; and'' for ''made that -

''(A) the name, address, length of service, and toll billing

records sought are relevant to an authorized foreign

counterintelligence investigation; and

''(B) there are specific and articulable facts giving reason to

believe that the person or entity to whom the information sought

pertains is a foreign power or an agent of a foreign power as

defined in section 101 of the Foreign Intelligence Surveillance

Act of 1978 (50 U.S.C. 1801); and''.

Subsec. (b)(2). Pub. L. 107-56, Sec. 505(a)(3), struck out ''in a

position not lower than Deputy Assistant Director'' after ''(or his

designee'' and substituted ''made that the information sought is

relevant to an authorized investigation to protect against

international terrorism or clandestine intelligence activities,

provided that such an investigation of a United States person is

not conducted solely upon the basis of activities protected by the

first amendment to the Constitution of the United States.'' for

''made that -

''(A) the information sought is relevant to an authorized

foreign counterintelligence investigation; and

''(B) there are specific and articulable facts giving reason to

believe that communication facilities registered in the name of

the person or entity have been used, through the services of such

provider, in communication with -

''(i) an individual who is engaging or has engaged in

international terrorism as defined in section 101(c) of the

Foreign Intelligence Surveillance Act or clandestine

intelligence activities that involve or may involve a violation

of the criminal statutes of the United States; or

''(ii) a foreign power or an agent of a foreign power under

circumstances giving reason to believe that the communication

concerned international terrorism as defined in section 101(c)

of the Foreign Intelligence Surveillance Act or clandestine

intelligence activities that involve or may involve a violation

of the criminal statutes of the United States.''

1996 - Subsec. (b)(1). Pub. L. 104-293 inserted ''local and long

distance'' before ''toll billing records''.

1993 - Subsec. (b). Pub. L. 103-142, Sec. 1, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

''Required Certification. - The Director of the Federal Bureau of

Investigation (or an individual within the Federal Bureau of

Investigation designated for this purpose by the Director) may

request any such information and records if the Director (or the

Director's designee) certifies in writing to the wire or electronic

communication service provider to which the request is made that -

''(1) the information sought is relevant to an authorized

foreign counterintelligence investigation; and

''(2) there are specific and articulable facts giving reason to

believe that the person or entity to whom the information sought

pertains is a foreign power or an agent of a foreign power as

defined in section 101 of the Foreign Intelligence Surveillance

Act of 1978 (50 U.S.C. 1801).''

Subsec. (e). Pub. L. 103-142, Sec. 2, inserted '', and the

Committee on the Judiciary of the House of Representatives and the

Committee on the Judiciary of the Senate,'' after ''Senate''.

-CITE-

18 USC Sec. 2710 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2710. Wrongful disclosure of video tape rental or sale records

-STATUTE-

(a) Definitions. - For purposes of this section -

(1) the term ''consumer'' means any renter, purchaser, or

subscriber of goods or services from a video tape service

provider;

(2) the term ''ordinary course of business'' means only debt

collection activities, order fulfillment, request processing, and

the transfer of ownership;

(3) the term ''personally identifiable information'' includes

information which identifies a person as having requested or

obtained specific video materials or services from a video tape

service provider; and

(4) the term ''video tape service provider'' means any person,

engaged in the business, in or affecting interstate or foreign

commerce, of rental, sale, or delivery of prerecorded video

cassette tapes or similar audio visual materials, or any person

or other entity to whom a disclosure is made under subparagraph

(D) or (E) of subsection (b)(2), but only with respect to the

information contained in the disclosure.

(b) Video Tape Rental and Sale Records. - (1) A video tape

service provider who knowingly discloses, to any person, personally

identifiable information concerning any consumer of such provider

shall be liable to the aggrieved person for the relief provided in

subsection (d).

(2) A video tape service provider may disclose personally

identifiable information concerning any consumer -

(A) to the consumer;

(B) to any person with the informed, written consent of the

consumer given at the time the disclosure is sought;

(C) to a law enforcement agency pursuant to a warrant issued

under the Federal Rules of Criminal Procedure, an equivalent

State warrant, a grand jury subpoena, or a court order;

(D) to any person if the disclosure is solely of the names and

addresses of consumers and if -

(i) the video tape service provider has provided the consumer

with the opportunity, in a clear and conspicuous manner, to

prohibit such disclosure; and

(ii) the disclosure does not identify the title, description,

or subject matter of any video tapes or other audio visual

material; however, the subject matter of such materials may be

disclosed if the disclosure is for the exclusive use of

marketing goods and services directly to the consumer;

(E) to any person if the disclosure is incident to the ordinary

course of business of the video tape service provider; or

(F) pursuant to a court order, in a civil proceeding upon a

showing of compelling need for the information that cannot be

accommodated by any other means, if -

(i) the consumer is given reasonable notice, by the person

seeking the disclosure, of the court proceeding relevant to the

issuance of the court order; and

(ii) the consumer is afforded the opportunity to appear and

contest the claim of the person seeking the disclosure.

If an order is granted pursuant to subparagraph (C) or (F), the

court shall impose appropriate safeguards against unauthorized

disclosure.

(3) Court orders authorizing disclosure under subparagraph (C)

shall issue only with prior notice to the consumer and only if the

law enforcement agency shows that there is probable cause to

believe that the records or other information sought are relevant

to a legitimate law enforcement inquiry. In the case of a State

government 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 video

tape service provider, may quash or modify such order if the

information or records requested are unreasonably voluminous in

nature or if compliance with such order otherwise would cause an

unreasonable burden on such provider.

(c) Civil Action. - (1) Any person aggrieved by any act of a

person in violation of this section may bring a civil action in a

United States district court.

(2) The court may award -

(A) actual damages but not less than liquidated damages in an

amount of $2,500;

(B) punitive damages;

(C) reasonable attorneys' fees and other litigation costs

reasonably incurred; and

(D) such other preliminary and equitable relief as the court

determines to be appropriate.

(3) No action may be brought under this subsection unless such

action is begun within 2 years from the date of the act complained

of or the date of discovery.

(4) No liability shall result from lawful disclosure permitted by

this section.

(d) Personally Identifiable Information. - Personally

identifiable information obtained in any manner other than as

provided in this section shall not be received in evidence in any

trial, hearing, arbitration, or other proceeding in or before any

court, grand jury, department, officer, agency, regulatory body,

legislative committee, or other authority of the United States, a

State, or a political subdivision of a State.

(e) Destruction of Old Records. - A person subject to this

section shall destroy personally identifiable information as soon

as practicable, but no later than one year from the date the

information is no longer necessary for the purpose for which it was

collected and there are no pending requests or orders for access to

such information under subsection (b)(2) or (c)(2) or pursuant to a

court order.

(f) Preemption. - The provisions of this section preempt only the

provisions of State or local law that require disclosure prohibited

by this section.

-SOURCE-

(Added Pub. L. 100-618, Sec. 2(a)(2), Nov. 5, 1988, 102 Stat.

3195.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(b)(2)(C), are set out in the Appendix to this title.

-MISC2-

PRIOR PROVISIONS

A prior section 2710 was renumbered section 2711 of this title.

-CITE-

18 USC Sec. 2711 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2711. Definitions for chapter

-STATUTE-

As used in this chapter -

(1) the terms defined in section 2510 of this title have,

respectively, the definitions given such terms in that section;

(2) the term ''remote computing service'' means the provision

to the public of computer storage or processing services by means

of an electronic communications system; and

(3) the term ''court of competent jurisdiction'' has the

meaning assigned by section 3127, and includes any Federal court

within that definition, without geographic limitation.

-SOURCE-

(Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100

Stat. 1868, Sec. 2710; renumbered Sec. 2711, Pub. L. 100-618, Sec.

2(a)(1), Nov. 5, 1988, 102 Stat. 3195; amended Pub. L. 107-56,

title II, Sec. 220(a)(2), Oct. 26, 2001, 115 Stat. 292.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by Pub. L. 107-56, see Termination

Date of 2001 Amendment note below.

-MISC1-

AMENDMENTS

2001 - Par. (3). Pub. L. 107-56, Sec. 220(a)(2), 224, temporarily

added par. (3). See Termination Date of 2001 Amendment note below.

1988 - Pub. L. 100-618 renumbered section 2710 of this title as

this section.

TERMINATION DATE OF 2001 AMENDMENT

Amendment by 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 13032.

-CITE-

18 USC Sec. 2712 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

-HEAD-

Sec. 2712. Civil actions against the United States

-STATUTE-

(a) In General. - Any person who is aggrieved by any willful

violation of this chapter or of chapter 119 of this title or of

sections 106(a), 305(a), or 405(a) of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an

action in United States District Court against the United States to

recover money damages. In any such action, if a person who is

aggrieved successfully establishes such a violation of this chapter

or of chapter 119 of this title or of the above specific provisions

of title 50, the Court may assess as damages -

(1) actual damages, but not less than $10,000, whichever amount

is greater; and

(2) litigation costs, reasonably incurred.

(b) Procedures. - (1) Any action against the United States under

this section may be commenced only after a claim is presented to

the appropriate department or agency under the procedures of the

Federal Tort Claims Act, as set forth in title 28, United States

Code.

(2) Any action against the United States under this section shall

be forever barred unless it is presented in writing to the

appropriate Federal agency within 2 years after such claim accrues

or unless action is begun within 6 months after the date of

mailing, by certified or registered mail, of notice of final denial

of the claim by the agency to which it was presented. The claim

shall accrue on the date upon which the claimant first has a

reasonable opportunity to discover the violation.

(3) Any action under this section shall be tried to the court

without a jury.

(4) Notwithstanding any other provision of law, the procedures

set forth in section 106(f), 305(g), or 405(f) of the Foreign

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)

shall be the exclusive means by which materials governed by those

sections may be reviewed.

(5) An amount equal to any award against the United States under

this section shall be reimbursed by the department or agency

concerned to the fund described in section 1304 of title 31, United

States Code, out of any appropriation, fund, or other account

(excluding any part of such appropriation, fund, or account that is

available for the enforcement of any Federal law) that is available

for the operating expenses of the department or agency concerned.

(c) Administrative Discipline. - If a court or appropriate

department or agency determines that the United States or any of

its departments or agencies has violated any provision of this

chapter, and the court or appropriate department or agency finds

that the circumstances surrounding the violation raise serious

questions about whether or not an officer or employee of the United

States acted willfully or intentionally with respect to the

violation, the department or agency shall, upon receipt of a true

and correct copy of the decision and findings of the court or

appropriate department or agency promptly initiate a proceeding to

determine whether disciplinary action against the officer or

employee is warranted. If the head of the department or agency

involved determines that disciplinary action is not warranted, he

or she shall notify the Inspector General with jurisdiction over

the department or agency concerned and shall provide the Inspector

General with the reasons for such determination.

(d) Exclusive Remedy. - Any action against the United States

under this subsection shall be the exclusive remedy against the

United States for any claims within the purview of this section.

(e) Stay of Proceedings. - (1) Upon the motion of the United

States, the court shall stay any action commenced under this

section if the court determines that civil discovery will adversely

affect the ability of the Government to conduct a related

investigation or the prosecution of a related criminal case. Such

a stay shall toll the limitations periods of paragraph (2) of

subsection (b).

(2) In this subsection, the terms ''related criminal case'' and

''related investigation'' mean an actual prosecution or

investigation in progress at the time at which the request for the

stay or any subsequent motion to lift the stay is made. In

determining whether an investigation or a criminal case is related

to an action commenced under this section, the court shall consider

the degree of similarity between the parties, witnesses, facts, and

circumstances involved in the 2 proceedings, without requiring that

any one or more factors be identical.

(3) In requesting a stay under paragraph (1), the Government may,

in appropriate cases, submit evidence ex parte in order to avoid

disclosing any matter that may adversely affect a related

investigation or a related criminal case. If the Government makes

such an ex parte submission, the plaintiff shall be given an

opportunity to make a submission to the court, not ex parte, and

the court may, in its discretion, request further information from

either party.

-SOURCE-

(Added Pub. L. 107-56, title II, Sec. 223(c)(1), Oct. 26, 2001, 115

Stat. 294.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 224 of Pub. L. 107-56,

see Termination Date of 2001 Amendment note set out under section

2510 of this title.

-REFTEXT-

REFERENCES IN TEXT

Sections 106, 305, and 405 of the Foreign Intelligence

Surveillance Act of 1978, referred to in subsecs. (a) and (b)(4),

are classified to sections 1806, 1825, and 1845, respectively, of

Title 50, War and National Defense.

The Federal Tort Claims Act, referred to in subsec. (b)(1), is

classified generally to section 1346(b) and chapter 171 (Sec. 2671

et seq.) of Title 28, Judiciary and Judicial Procedure.

-CITE-