§ 2702. Voluntary disclosure of customer communications or records

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Electronic Communications Privacy Act of 1986

   Pub. L. 99–508 title II § 201 · 100 Stat. 1848

   Enacted · 18 U.S.C. § 2702

   Added Pub. L. 99–508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1860

   Source evidence

   Code source credit
   Added Pub. L. 99–508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1860

   Enacted provision · exact public law section
   SEC. 201. TITLE 18 AMENDMENT. Title 18, United States Code, is amended by inserting after chapter 119 the following: “CHAPTER 121— STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS “Sec. “2701. Unlawful access to stored communications. “2702. Disclosure of contents. “2703. Requirements for governmental access. “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. Definitions. “§ 2701. Unlawful access to stored communications “(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— “(A) a fine of not more than $250,000 or imprisonment for not more than one year, 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 two years, or both, for any subsequent offense under this subparagraph; and “(2) a fine of not more than $5,000 or imprisonment for not more than six months, or both, in any other case. “(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. “§ 2702. Disclosure of contents “(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; 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. “(b) Exceptions.— A person or entity 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 2516, 2511(2)(a), or 2703 of this title; “(3) with the lawful consent of the originator or an addressee 18 USC 2516, 2511; infra. 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; or “(6) 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. “§ 2703. Requirements for governmental access “(a) Contents of Electronic Communications in Electronic Storage.— A governmental entity may require the disclosure by a provider of electronic communication service of the contents of an 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 under the Federal Rules of Criminal Procedure or equivalent State warrant. A governmental 18 USC app. entity may require the disclosure by a provider of electronic communications services of the contents of an 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 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 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 under the 18 USC app. Federal Rules of Criminal Procedure 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 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 Post, p. 1864. 2705 of this title. “(2) Paragraph (1) is applicable with respect to any 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) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may 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 any person other than a governmental entity. “(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 only when the governmental entity— “(i) uses an administrative subpoena authorized by a Federal or State statute, or a Federal or State grand jury subpoena; “(ii) obtains a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant; “(iii) obtains a court order for such disclosure under subsection (d) of this section; or “(iv) has the consent of the subscriber or customer to such disclosure. “(2) 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) of this section 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. 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, or certification under this chapter. “§ 2704. Backup preservation “(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 28 USC app. 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. “§ 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. “§ 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) 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. “§ 2707. Civil action “(a) Cause of Action.— Except as provided in section 2703(e), any provider of electronic communication service, subscriber, or customer 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 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. “(d) Defense.— A good faith reliance on— “(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; “(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. “(e) 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. “§ 2708. Exclusivity of remedies “The remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter. “§ 2709. Counterintelligence access to telephone toll and transactional records “(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 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). “(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 concerning all requests made under subsection (b) of this section. “§ 2710. Definitions for chapter “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; and “(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.”. (b) Clerical Amendment.— The table of chapters at the beginning of part I of title 18, United States Code, is amended by adding at the end the following: “121. Stored Wire and Electronic Communications and Transactional Records Access

2. 1988

   Minor and Technical Criminal Law Amendments Act of 1988

   Pub. L. 100–690 title VII § 7037 · 102 Stat. 4181

   Substituted · 18 U.S.C. § 2702(b)(2)

   Pub. L. 100–690 substituted “2517” for “2516”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 100–690 substituted “2517” for “2516”.

   Enacted provision · exact public law section
   SEC. 7037. CORRECTION OF CROSS REFERENCE. Section 2702(b)(2) of title 18, United States Code, is amended by striking “2516” and inserting “2517”.

3. 1998

   Protection of Children From Sexual Predators Act of 1998

   Pub. L. 105–314 title VI § 604(b) · 112 Stat. 2974

   Amended · 18 U.S.C. § 2702(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—

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (b) Exception to Prohibition on Disclosure.— Section 2702(b)(6) of title 18, United States Code, is amended to read as follows: “(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.”.

4. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 § 212(a)(1)(A) · 115 Stat. 272

   Substituted · 18 U.S.C. § 2702

   Pub. L. 107–56, § 212(a)(1)(A), substituted “Voluntary disclosure of customer communications or records” for “Disclosure of contents” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 107–56, § 212(a)(1)(A), substituted “Voluntary disclosure of customer communications or records” for “Disclosure of contents” in section catchline.

   Enacted provision · exact public law section
   (A) by striking the section heading and inserting the following: “§ 2702. Voluntary disclosure of customer communications or records”;

5. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 § 212(a)(1)(B) · 115 Stat. 272

   Added · 18 U.S.C. § 2702(a)(3)

   Pub. L. 107–56, § 212(a)(1)(B), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 107–56, § 212(a)(1)(B), added par. (3).

   Enacted provision · exact public law section
   (B) in subsection (a)— (i) in paragraph (2)(A), by striking “and” at the end; (ii) in paragraph (2)(B), by striking the period and inserting and”; and (iii) by inserting after paragraph (2) the following: “(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.”;

6. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 § 212(a)(1)(C) · 115 Stat. 272

   1. Substituted · 18 U.S.C. § 2702(b)

      Pub. L. 107–56, § 212(a)(1)(C), substituted “Exceptions for disclosure of communications” for “Exceptions” in introductory provisions

   2. Substituted · 18 U.S.C. § 2702(b)

      Pub. L. 107–56, § 212(a)(1)(C), substituted “A provider described in subsection (a)” for “A person or entity” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–56, § 212(a)(1)(C), 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.

   Enacted provision · exact public law section
   (C) in subsection (b), by striking “Exceptions.—A person or entity” and inserting “Exceptions for disclosure of communications.— A provider described in subsection (a)”;

7. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 § 212(a)(1)(D) · 115 Stat. 272

   Added · 18 U.S.C. § 2702(b)(6)(C)

   Pub. L. 107–56, § 212(a)(1)(D), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (b)(6)(C). Pub. L. 107–56, § 212(a)(1)(D), added subpar. (C).

   Enacted provision · exact public law section
   (D) in subsection (b)(6)— (i) in subparagraph (A)(ii), by striking “or”; (ii) in subparagraph (B), by striking the period and inserting “; or”; and (iii) by adding after subparagraph (B) the following: “(C) 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.”; and

8. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 § 212(a)(1)(E) · 115 Stat. 272

   Added · 18 U.S.C. § 2702(c)

   Pub. L. 107–56, § 212(a)(1)(E), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–56, § 212(a)(1)(E), added subsec. (c).

   Enacted provision · exact public law section
   (E) by inserting after subsection (b) the following: “(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.”.

9. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 § 2207(d)(1)(A) · 116 Stat. 2135

   Struck · 18 U.S.C. § 2702(b)(5)

   Pub. L. 107–296, § 2207(d)(1)(A), formerly § 225(d)(1)(A), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), struck out “or” at end

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 107–296, § 2207(d)(1)(A), formerly § 225(d)(1)(A), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), struck out “or” at end.

   Enacted provision · exact public law section
   (1) Directive to the united states sentencing commission. — Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of an offense under section 1030 of title 18, United States Code.

   Effective date note
   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.

10. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 § 2207(d)(1)(B) · 116 Stat. 2135

    Inserted · 18 U.S.C. § 2702(b)(6)(A)

    Pub. L. 107–296, § 2207(d)(1)(B), formerly § 225(d)(1)(B), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), inserted “or” at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Subsec. (b)(6)(A). Pub. L. 107–296, § 2207(d)(1)(B), formerly § 225(d)(1)(B), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), inserted “or” at end.

    Enacted provision · exact public law section
    (1) Directive to the united states sentencing commission. — Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of an offense under section 1030 of title 18, United States Code.

    Effective date note
    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.

11. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 § 2207(d)(1)(C) · 116 Stat. 2135

    Struck · 18 U.S.C. § 2702(b)(6)(C)

    Pub. L. 107–296, § 2207(d)(1)(C), formerly § 225(d)(1)(C), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), 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.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Subsec. (b)(6)(C). Pub. L. 107–296, § 2207(d)(1)(C), formerly § 225(d)(1)(C), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), 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.”

    Enacted provision · exact public law section
    (1) Directive to the united states sentencing commission. — Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of an offense under section 1030 of title 18, United States Code.

    Effective date note
    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.

12. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 § 2207(d)(1)(D) · 116 Stat. 2135

    Added · 18 U.S.C. § 2702(b)(7)

    Pub. L. 107–296, § 2207(d)(1)(D), formerly § 225(d)(1)(D), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), added par. (7)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 107–296, § 2207(d)(1)(D), formerly § 225(d)(1)(D), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), added par. (7).

    Enacted provision · exact public law section
    (1) Directive to the united states sentencing commission. — Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of an offense under section 1030 of title 18, United States Code.

    Effective date note
    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.

13. 2003

    Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 508(b)(1)(C) · 117 Stat. 650

    Struck · 18 U.S.C. § 2702(b)(5)

    Pub. L. 108–21, § 508(b)(1)(C), which directed amendment of par. (5) by striking “or” at the end, could not be executed because “or” did not appear at the end. See 2002 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 108–21, § 508(b)(1)(C), which directed amendment of par. (5) by striking “or” at the end, could not be executed because “or” did not appear at the end. See 2002 Amendment note below.

    Enacted provision · exact public law section
    (C) by striking “or” at the end of paragraph (5); and

14. 2003

    Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 508(b)(1)(D) · 117 Stat. 650

    Redesignated · 18 U.S.C. § 2702(b)(6)

    Pub. L. 108–21, § 508(b)(1)(D), added par. (6). Former par. (6) redesignated (7)

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 108–21, § 508(b)(1)(D), added par. (6). Former par. (6) redesignated (7).

    Enacted provision · exact public law section
    (D) by inserting after paragraph (5) the following new paragraph: “(6) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032);” ; and

15. 2003

    Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 508(b)(1)(A) · 117 Stat. 650

    Struck · 18 U.S.C. § 2702(b)(6)(B)

    Pub. L. 108–21, § 508(b)(1)(A), struck out subpar. (B) which read as follows: “if required by section 227 of the Crime Control Act of 1990; or”

    Source evidence

    Code amendment note
    Subsec. (b)(6)(B). Pub. L. 108–21, § 508(b)(1)(A), struck out subpar. (B) which read as follows: “if required by section 227 of the Crime Control Act of 1990; or”.

    Enacted provision · exact public law section
    (A) in paragraph (6), by striking subparagraph (B);

16. 2003

    Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 508(b)(1)(B) · 117 Stat. 650

    Redesignated · 18 U.S.C. § 2702(b)(7); 18 U.S.C. § 2702(b)(8)

    Pub. L. 108–21, § 508(b)(1)(B), redesignated pars. (6) and (7) as (7) and (8), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(7), (8). Pub. L. 108–21, § 508(b)(1)(B), redesignated pars. (6) and (7) as (7) and (8), respectively.

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8) respectively;

17. 2003

    Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 508(b)(2) · 117 Stat. 650

    1. Added · 18 U.S.C. § 2702(c)(5); 18 U.S.C. § 2702(c)(6)

       Pub. L. 108–21, § 508(b)(2), added par. (5)

    2. Redesignated · 18 U.S.C. § 2702(c)(5); 18 U.S.C. § 2702(c)(6)

       Pub. L. 108–21, § 508(b)(2), redesignated former par. (5) as (6)

    Source evidence

    Code amendment note
    Subsec. (c)(5), (6). Pub. L. 108–21, § 508(b)(2), added par. (5) and redesignated former par. (5) as (6).

    Enacted provision · exact public law section
    (2) in subsection (c)— (A) by striking “or” at the end of paragraph (4); (B) by redesignating paragraph (5) as paragraph (6); and (C) by adding after paragraph (4) the following new paragraph: “(5) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032); or” .

18. 2006

    USA PATRIOT Improvement and Reauthorization Act of 2005

    Pub. L. 109–177 § 107(c) · 120 Stat. 192

    Inserted · 18 U.S.C. § 2702(a)

    Pub. L. 109–177, § 107(c), inserted “or (c)” after “Except as provided in subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–177, § 107(c), inserted “or (c)” after “Except as provided in subsection (b)”.

    Enacted provision · exact public law section
    (c) Additional Exception.— Section 2702(a) of title 18, United States Code, is amended by inserting “or (c)” after “Except as provided in subsection (b)”.

19. 2006

    USA PATRIOT Improvement and Reauthorization Act of 2005

    Pub. L. 109–177 § 107(b)(1)(A) · 120 Stat. 192

    Struck · 18 U.S.C. § 2702(b)(8)

    Pub. L. 109–177, § 107(b)(1)(A), struck out “Federal, State, or local” before “governmental entity”

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 109–177, § 107(b)(1)(A), struck out “Federal, State, or local” before “governmental entity”.

    Enacted provision · exact public law section
    (A) in subsection (b)(8), by striking “Federal, State, or local”; and

20. 2006

    USA PATRIOT Improvement and Reauthorization Act of 2005

    Pub. L. 109–177 § 107(b)(1)(B) · 120 Stat. 192

    1. Added · 18 U.S.C. § 2702(c)(4)

       Pub. L. 109–177, § 107(b)(1)(B), added par. (4)

    2. Struck · 18 U.S.C. § 2702(c)(4)

       Pub. L. 109–177, § 107(b)(1)(B), struck out former par. (4) which read as follows: “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;”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 109–177, § 107(b)(1)(B), added par. (4) and struck out former par. (4) which read as follows: “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;”.

    Enacted provision · exact public law section
    (B) by striking paragraph (4) of subsection (c) and inserting the following: “(4) to a 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 information relating to the emergency;” .

21. 2006

    USA PATRIOT Improvement and Reauthorization Act of 2005

    Pub. L. 109–177 § 107(a) · 120 Stat. 192

    Added · 18 U.S.C. § 2702(d)

    Pub. L. 109–177, § 107(a), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–177, § 107(a), added subsec. (d).

    Enacted provision · exact public law section
    (a) Enhanced Oversight.— Section 2702 of title 18, United States Code, is amended by adding at the end the following: “(d) Reporting of Emergency Disclosures.— On an annual basis, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report containing— “(1) the number of accounts from which the Department of Justice has received voluntary disclosures under subsection (b)(8); and “(2) a summary of the basis for disclosure in those instances where— “(A) voluntary disclosures under subsection (b)(8) were made to the Department of Justice; and “(B) the investigation pertaining to those disclosures was closed without the filing of criminal charges.” .

22. 2008

    Providing Resources, Officers, and Technology To Eradicate Cyber Threats to Our Children Act of 2008

    Pub. L. 110–401 title V § 501(b)(2) · 122 Stat. 4229

    Substituted · 18 U.S.C. § 2702(b)(6); 18 U.S.C. § 2702(c)(5)

    Pub. L. 110–401 substituted “section 2258A” for “section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)”

    Source evidence

    Code amendment note
    Subsecs. (b)(6), (c)(5). Pub. L. 110–401 substituted “section 2258A” for “section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)”.

    Enacted provision · exact public law section
    (2) Technical corrections.— Section 2702 of title 18, United States Code, is amended— (A) in subsection (b)(6), by striking “section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)” and inserting “section 2258A”; and (B) in subsection (c)(5), by striking “section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)” and inserting “section 2258A”.

23. 2015

    Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015

    Pub. L. 114–23 title VI § 602(d) · 129 Stat. 268

    Added · 18 U.S.C. § 2702(d)(3)

    Pub. L. 114–23 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 114–23 added par. (3).

    Enacted provision · exact public law section
    (d) Stored Communications.— Section 2702(d) of title 18, United States Code, is amended— (1) in paragraph (1), by striking “; and” and inserting a semicolon; (2) in paragraph (2)(B), by striking the period and inserting “; and”; and (3) by adding at the end the following new paragraph: “(3) the number of accounts from which the Department of Justice has received voluntary disclosures under subsection (c)(4).” .

24. 2018

    Department of Commerce Appropriations Act, 2018

    Pub. L. 115–141 § 104(2)(A)(i) · 132 Stat. 348

    Added · 18 U.S.C. § 2702(b)(9)

    Pub. L. 115–141, § 104(2)(A)(i), added par. (9)

    Source evidence

    Code amendment note
    Subsec. (b)(9). Pub. L. 115–141, § 104(2)(A)(i), added par. (9).

    Enacted provision · exact public law section
    Sec. 104. The 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2018: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000 and the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $10,828,059,000.

25. 2018

    Department of Commerce Appropriations Act, 2018

    Pub. L. 115–141 § 104(2)(A)(ii) · 132 Stat. 348

    Added · 18 U.S.C. § 2702(c)(7)

    Pub. L. 115–141, § 104(2)(A)(ii), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (c)(7). Pub. L. 115–141, § 104(2)(A)(ii), added par. (7).

    Enacted provision · exact public law section
    Sec. 104. The 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2018: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000 and the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $10,828,059,000.

28 of 28 references resolved to an enrolled provision