§ 2703. Required 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. § 2703

   Added Pub. L. 99–508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1861

   Source evidence

   Code source credit
   Added Pub. L. 99–508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1861

   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 § 7038 · 102 Stat. 4181

   Inserted · 18 U.S.C. § 2703(b)(1)(B)(i); 18 U.S.C. § 2703(c)(1)(B)(i)

   Pub. L. 100–690, § 7038, inserted “or trial” after “grand jury”

   Source evidence

   Code amendment note
   Subsecs. (b)(1)(B)(i), (c)(1)(B)(i). Pub. L. 100–690, § 7038, inserted “or trial” after “grand jury”.

   Enacted provision · exact public law section
   SEC. 7038. GOVERNMENTAL ACCESS TO CONTENTS OF ELECTRONIC COMMUNICATIONS IN AND RECORDS OF A REMOTE COMPUTING SERVICE. Sections 2703(b)(1)(B)(i) and 2703(c)(1)(B)(i) of title 18, United States Code, are amended by inserting “or trial” after “grand jury”.

3. 1988

   Minor and Technical Criminal Law Amendments Act of 1988

   Pub. L. 100–690 § 7039 · 102 Stat. 4181

   Inserted · 18 U.S.C. § 2703(d)

   Pub. L. 100–690, § 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”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–690, § 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”.

   Enacted provision · exact public law section
   SEC. 7039. DEFINITION OF COURT FOR CERTAIN APPLICATIONS. Section 2703(d) of title 18, United States Code, is amended by inserting “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”.

4. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330003(b) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 2703(d)

   Pub. L. 103–322 substituted “section 3127(2)(A)” for “section 3126(2)(A)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–322 substituted “section 3127(2)(A)” for “section 3126(2)(A)”.

   Enacted provision · exact public law section
   (b) Section 2703 of Title 18.— Section 2703(d) of title 18, United States Code, is amended by striking “section 3126(2)(A)” and inserting “section 3127(2)(A)”.

5. 1994

   Pub. L. 103–414 § 207(a)(1)(A) · 108 Stat. 4279

   1. Redesignated · 18 U.S.C. § 2703(c)(1)(B)

      Pub. L. 103–414, § 207(a)(1)(A), redesignated cls. (ii) to (iv) as (i) to (iii), respectively

   2. Struck · 18 U.S.C. § 2703(c)(1)(B)

      Pub. L. 103–414, § 207(a)(1)(A), 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;”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(B). Pub. L. 103–414, § 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;”.

   Enacted provision · exact public law section
   (A) in subparagraph (B)— (i) by striking clause (i); and (ii) by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively; and

6. 1994

   Pub. L. 103–414 § 207(a)(1)(B) · 108 Stat. 4279

   Added · 18 U.S.C. § 2703(c)(1)(C)

   Pub. L. 103–414, § 207(a)(1)(B), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (c)(1)(C). Pub. L. 103–414, § 207(a)(1)(B), added subpar. (C).

   Enacted provision · exact public law section
   (B) by adding at the end the following new subparagraph: “(C) A provider of electronic communication service or remote computing service shall disclose to a governmental entity the name, address, telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber or customer utilized, 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 subparagraph (B).”; and

7. 1994

   Pub. L. 103–414 § 207(a)(2) · 108 Stat. 4279

   Amended · 18 U.S.C. § 2703(d)

   Pub. L. 103–414, § 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.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–414, § 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.”

   Enacted provision · exact public law section
   (2) by amending the first sentence of subsection (d) to read as follows: “A court order for disclosure under subsection (b) or (c) may be issued by any court that is a court of competent jurisdiction described in section 3126(2)(A) 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.”.

8. 1996

   Pub. L. 104–132 title VIII § 804 · 110 Stat. 1214

   Added · 18 U.S.C. § 2703(f)

   Pub. L. 104–132 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 104–132 added subsec. (f).

   Enacted provision · exact public law section
   SEC. 804. REQUIREMENT TO PRESERVE RECORD EVIDENCE. Section 2703 of title 18, United States Code, is amended by adding at the end the following new subsection: “(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.”.

9. 1996

   Intelligence Authorization Act for Fiscal Year 1997

   Pub. L. 104–293 title VI § 601(b) · 110 Stat. 3461

   Inserted · 18 U.S.C. § 2703(c)(1)(C)

   Pub. L. 104–293 inserted “local and long distance” after “address,”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(C). Pub. L. 104–293 inserted “local and long distance” after “address,”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 2703(c)(l)(C) of such title is amended by inserting “local and long distance” after “address,”.

10. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 title VI § 605(f) · 110 Stat. 3488

    Substituted · 18 U.S.C. § 2703(d)

    Pub. L. 104–294 substituted “in section 3127(2)(A)” for “in section 3126(2)(A)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–294 substituted “in section 3127(2)(A)” for “in section 3126(2)(A)”.

    Enacted provision · exact public law section
    (f) Cross Reference Error From Public Law 103–414.— The first sentence of section 2703(d) of title 18, United States Code, by striking “3126(2)(A)” and inserting “3127(2)(A)”.

11. 1998

    Pub. L. 105–184 § 8 · 112 Stat. 520

    Added · 18 U.S.C. § 2703(c)(1)(B)(iv)

    Pub. L. 105–184 added cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B)(iv). Pub. L. 105–184 added cl. (iv).

    Enacted provision · exact public law section
    SEC. 8. DISCLOSURE OF CERTAIN RECORDS FOR INVESTIGATIONS OF TELEMARKETING FRAUD. Section 2703(c)(1)(B) of title 18, United States Code, is amended— (1) by striking “or” at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting “; or”; and (3) by adding at the end the following: “(iv) 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).”.

12. 2001

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

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

    Substituted · 18 U.S.C. § 2703

    Pub. L. 107–56, § 212(b)(1)(A), substituted “Required disclosure of customer communications or records” for “Requirements for governmental access” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 107–56, § 212(b)(1)(A), substituted “Required disclosure of customer communications or records” for “Requirements for governmental access” in section catchline.

    Enacted provision · exact public law section
    (A) by striking the section heading and inserting the following: “§ 2703. Required disclosure of customer communications or records”;

13. 2001

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

    Pub. L. 107–56 title II · 115 Stat. 272

    1. Substituted · 18 U.S.C. § 2703(a)

       Pub. L. 107–56, §§ 209(2)(A), (B), 220(a)(1), substituted “Contents of Wire or Electronic” for “Contents of Electronic” in text

    2. Substituted · 18 U.S.C. § 2703(a)

       Pub. L. 107–56, §§ 209(2)(A), (B), 220(a)(1), substituted “contents of a wire or electronic” for “contents of an electronic” in text

    3. Substituted · 18 U.S.C. § 2703(a)

       Pub. L. 107–56, §§ 209(2)(A), (B), 220(a)(1), 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 text

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–56, §§ 209(2)(A), (B), 220(a)(1), 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.

    Enacted provision · exact public law
    (ii) by striking “interest;” and inserting “interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and”;

14. 2001

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

    Pub. L. 107–56 § 209(2)(A) · 115 Stat. 272

    Substituted · 18 U.S.C. § 2703(b)

    Pub. L. 107–56, § 209(2)(A), substituted “Contents of Wire or Electronic” for “Contents of Electronic” in heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–56, § 209(2)(A), substituted “Contents of Wire or Electronic” for “Contents of Electronic” in heading.

    Enacted provision · exact public law section
    (A) by striking “Contents of electronic” and inserting “Contents of wire or electronic” each place it appears;

15. 2001

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

    Pub. L. 107–56 title II · 115 Stat. 272

    1. Substituted · 18 U.S.C. § 2703(b)(1)

       Pub. L. 107–56, §§ 209(2)(C), 220(a)(1), substituted “any wire or electronic communication” for “any electronic communication” in subpar. (A)

    2. Substituted · 18 U.S.C. § 2703(b)(1)

       Pub. L. 107–56, §§ 209(2)(C), 220(a)(1), 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)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 107–56, §§ 209(2)(C), 220(a)(1), 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).

    Enacted provision · exact public law
    (ii) by striking “interest;” and inserting “interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and”;

16. 2001

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

    Pub. L. 107–56 § 209(2)(C) · 115 Stat. 272

    Substituted · 18 U.S.C. § 2703(b)(2)

    Pub. L. 107–56, § 209(2)(C), substituted “any wire or electronic communication” for “any electronic communication” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 107–56, § 209(2)(C), substituted “any wire or electronic communication” for “any electronic communication” in introductory provisions.

    Enacted provision · exact public law section
    (C) by striking “any electronic” and inserting “any wire or electronic” each place it appears.

17. 2001

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

    Pub. L. 107–56 title II · 115 Stat. 272

    1. Amended · 18 U.S.C. § 2703(c)(1)

       Pub. L. 107–56, §§ 212(b)(1)(C), 220(a)(1), designated subpar. (A) and introductory provisions of subpar. (B) as par. (1)

    2. Substituted · 18 U.S.C. § 2703(c)(1)

       Pub. L. 107–56, §§ 212(b)(1)(C), 220(a)(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”

    3. Redesignated · 18 U.S.C. § 2703(c)(1)

       Pub. L. 107–56, §§ 212(b)(1)(C), 220(a)(1), redesignated clauses (i) to (iv) of former subpar. (B) as subpars. (A) to (D), respectively

    4. Substituted · 18 U.S.C. § 2703(c)(1)

       Pub. L. 107–56, §§ 212(b)(1)(C), 220(a)(1), 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)

    5. Added · 18 U.S.C. § 2703(c)(1)

       Pub. L. 107–56, §§ 212(b)(1)(C), 220(a)(1), added subpar. (E)

    6. Redesignated · 18 U.S.C. § 2703(c)(1)

       Pub. L. 107–56, §§ 212(b)(1)(C), 220(a)(1), redesignated former subpar. (C) as par. (2)

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 107–56, §§ 212(b)(1)(C), 220(a)(1), 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).

    Enacted provision · exact public law
    (ii) by striking “interest;” and inserting “interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and”;

18. 2001

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

    Pub. L. 107–56 § 210 · 115 Stat. 272

    1. Redesignated · 18 U.S.C. § 2703(c)(2)

       Pub. L. 107–56, § 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

    2. Inserted · 18 U.S.C. § 2703(c)(2)

       Pub. L. 107–56, § 210, inserting subpars. (A) to (F)

    3. Struck · 18 U.S.C. § 2703(c)(2)

       Pub. L. 107–56, § 210, striking out “and the types of services the subscriber or customer utilized,” before “when the governmental entity uses an administrative subpoena”

    4. Inserted · 18 U.S.C. § 2703(c)(2)

       Pub. L. 107–56, § 210, inserting “of a subscriber” at beginning of concluding provisions

    5. Amended · 18 U.S.C. § 2703(c)(2)

       Pub. L. 107–56, § 210, 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

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 107–56, § 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.

    Enacted provision · exact public law section
    SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS. Section 2703(c)(2) of title 18, United States Code, as redesignated by section 212, is amended— (1) by striking “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” and inserting the following: “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”; and (2) by striking “and the types of services the subscriber or customer utilized,”.

19. 2001

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

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

    Redesignated · 18 U.S.C. § 2703(c)(2)

    Pub. L. 107–56, § 212(b)(1)(C)(iii), (D), redesignated subpar. (C) of par. (1) as par. (2) and temporarily substituted “paragraph (1)” for “subparagraph (B)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–56, § 212(b)(1)(C)(iii), (D), redesignated subpar. (C) of par. (1) as par. (2) and temporarily substituted “paragraph (1)” for “subparagraph (B)”.

    Enacted provision · exact public law section
    (iii) by redesignating subparagraph (C) as paragraph(2);

20. 2001

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

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

    Redesignated · 18 U.S.C. § 2703(c)(2)

    Pub. L. 107–56, § 212(b)(1)(B), redesignated par. (2) as (3)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–56, § 212(b)(1)(B), redesignated par. (2) as (3).

    Enacted provision · exact public law section
    (B) in subsection (c) by redesignating paragraph (2) as paragraph (3);

21. 2001

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

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

    Redesignated · 18 U.S.C. § 2703(c)(3)

    Pub. L. 107–56, § 212(b)(1)(B), redesignated par. (2) as (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 107–56, § 212(b)(1)(B), redesignated par. (2) as (3).

    Enacted provision · exact public law section
    (B) in subsection (c) by redesignating paragraph (2) as paragraph (3);

22. 2001

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

    Pub. L. 107–56 § 220(b) · 115 Stat. 272

    Struck · 18 U.S.C. § 2703(d)

    Pub. L. 107–56, § 220(b), struck out “described in section 3127(2)(A)” after “court of competent jurisdiction”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–56, § 220(b), struck out “described in section 3127(2)(A)” after “court of competent jurisdiction”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 2703(d) of title 18,United States Code, is amended by striking “described in section3127(2)(A)”.

23. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4005(a)(2) · 116 Stat. 1758

    Changed · 18 U.S.C. § 2703(c)(1)(E)

    Pub. L. 107–273, § 4005(a)(2), realigned margins

    Source evidence

    Code amendment note
    Subsec. (c)(1)(E). Pub. L. 107–273, § 4005(a)(2), realigned margins.

    Enacted provision · exact public law section
    (2) Section 2703(c)(1) of title 18, United States Code, is amended by moving the left margin of subparagraph (E) 2 ems to the left.

24. 2002

    An Act divesting intoxicating liquors of their interstate character in certain cases

    Pub. L. 107–273 § 11010 · 116 Stat. 1758

    Added · 18 U.S.C. § 2703(g)

    Pub. L. 107–273, § 11010, added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 107–273, § 11010, added subsec. (g).

    Enacted provision · exact public law section
    SEC. 11010. PERSONS AUTHORIZED TO SERVE SEARCH WARRANT. Section 2703 of title 18, United States Code, is amended by adding at the end the following: “(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.”.

25. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 title XXII § 2207(h)(1) · 116 Stat. 2135

    Inserted · 18 U.S.C. § 2703(e)

    Pub. L. 107–296 inserted “, statutory authorization” after “subpoena”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–296 inserted “, statutory authorization” after “subpoena”.

26. 2006

    Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 title XI § 1171(a)(1) · 119 Stat. 2960

    Struck · 18 U.S.C. § 2703(c)(1)(C)

    Pub. L. 109–162 struck out “or” at end

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C). Pub. L. 109–162 struck out “or” at end.

    Enacted provision · exact public law section
    (1) Section 2703(c)(1) of title 18, United States Code, is amended by striking “or” at the end of subparagraph (C).

27. 2009

    Foreign Evidence Request Efficiency Act of 2009

    Pub. L. 111–79 § 2(1) · 123 Stat. 2086

    Substituted · 18 U.S.C. § 2703(a); 18 U.S.C. § 2703(b)(1)(A); 18 U.S.C. § 2703(c)(1)(A)

    Pub. L. 111–79, which directed substitution of “(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction” for “by a court with jurisdiction over the offense under investigation or an equivalent State warrant”, was executed by making the substitution for “by a court with jurisdiction over the offense under investigation or equivalent State warrant” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(1)(A), (c)(1)(A). Pub. L. 111–79, which directed substitution of “(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction” for “by a court with jurisdiction over the offense under investigation or an equivalent State warrant”, was executed by making the substitution for “by a court with jurisdiction over the offense under investigation or equivalent State warrant” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) in section 2703— (A) in subsection (a), by striking “by a court with jurisdiction over the offense under investigation or an equivalent State warrant” and inserting “(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction”; (B) in subsection (b)(1)(A), by striking “by a court with jurisdiction over the offense under investigation or an equivalent State warrant” and inserting “(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction”; and (C) in subsection (c)(1)(A), by striking “by a court with jurisdiction over the offense under investigation or an equivalent State warrant” and inserting “(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction”;

28. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 div. E title LVII § 5228(b)(1) · 130 Stat. 2000

    Inserted · 18 U.S.C. § 2703(a); 18 U.S.C. § 2703(b)(1)(A); 18 U.S.C. § 2703(c)(1)(A)

    Pub. L. 114–328 inserted “and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President” after “warrant procedures”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(1)(A), (c)(1)(A). Pub. L. 114–328 inserted “and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President” after “warrant procedures”.

    Enacted provision · exact public law section
    (1) Section 2703 of title 18, United States Code, is amended— (A) in the first sentence of subsection (a); (B) in subsection (b)(1)(A); and (C) in subsection (c)(1)(A); by inserting after “warrant procedures” the following: “and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President”.

    Effective date note
    Amendment by Pub. L. 114–328 effective on the date designated by the President [Jan. 1, 2019, with certain conditions and exceptions, see Ex. Ord. No. 13825, set out as a note under section 801 of Title 10, Armed Forces], not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of Title 10, Armed Forces.

29. 2018

    Department of Commerce Appropriations Act, 2018

    Pub. L. 115–141 div. V § 103(b) · 132 Stat. 348

    Added · 18 U.S.C. § 2703(h)

    Pub. L. 115–141 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 115–141 added subsec. (h).

    Enacted provision · exact public law section
    Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.

30 of 42 references resolved to an enrolled provision · 12 partial