-CITE-
    18 USC CHAPTER 121 - STORED WIRE AND ELECTRONIC
           COMMUNICATIONS AND TRANSACTIONAL RECORDS
           ACCESS                                          01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
        CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                       TRANSACTIONAL RECORDS ACCESS

-MISC1-
    Sec.                                                     
    2701.       Unlawful access to stored communications.             
    2702.       Voluntary disclosure of customer communications or
                 records.                                             
    2703.       Required disclosure of customer communications or
                 records.                                             
    2704.       Backup preservation.                                  
    2705.       Delayed notice.                                       
    2706.       Cost reimbursement.                                   
    2707.       Civil action.                                         
    2708.       Exclusivity of remedies.                              
    2709.       Counterintelligence access to telephone toll and
                 transactional records.                               
    2710.       Wrongful disclosure of video tape rental or sale
                 records.                                             
    2711.       Definitions for chapter.                              
    2712.       Civil actions against the United States.              

                                AMENDMENTS                            
      2002 - Pub. L. 107-273, div. B, title IV, Sec. 4005(b), Nov. 2,
    2002, 116 Stat. 1812, made technical correction to directory
    language of Pub. L. 107-56, title II, Sec. 223(c)(2), Oct. 26,
    2001, 115 Stat. 295, effective Oct. 26, 2001. See 2001 Amendment
    note below.
      2001 - Pub. L. 107-56, title II, Secs. 223(c)(2), 224, Oct. 26,
    2001, 115 Stat. 295, as amended by Pub. L. 107-273, div. B, title
    IV, Sec. 4005(b), Nov. 2, 2002, 116 Stat. 1812, temporarily added
    item 2712.
      Pub. L. 107-56, title II, Secs. 212(a)(2), (b)(2), 224, Oct. 26,
    2001, 115 Stat. 285, 295, temporarily substituted "Voluntary
    disclosure of customer communications or records" for "Disclosure
    of contents" in item 2702 and "Required disclosure of customer
    communications or records" for "Requirements for governmental
    access" in item 2703.
      1988 - Pub. L. 100-690, title VII, Sec. 7067, Nov. 18, 1988, 102
    Stat. 4405, which directed amendment of item 2710 by inserting "for
    chapter" after "Definitions" was executed by making the insertion
    in item 2711 to reflect the probable intent of Congress and the
    intervening redesignation of item 2710 as 2711 by Pub. L. 100-618,
    see below.
      Pub. L. 100-618, Sec. 2(b), Nov. 5, 1988, 102 Stat. 3197, added
    item 2710 and redesignated former item 2710 as 2711.

-End-



-CITE-
    18 USC Sec. 2701                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2701. Unlawful access to stored communications

-STATUTE-
      (a) Offense. - Except as provided in subsection (c) of this
    section whoever - 
        (1) intentionally accesses without authorization a facility
      through which an electronic communication service is provided; or
        (2) intentionally exceeds an authorization to access that
      facility;

    and thereby obtains, alters, or prevents authorized access to a
    wire or electronic communication while it is in electronic storage
    in such system shall be punished as provided in subsection (b) of
    this section.
      (b) Punishment. - The punishment for an offense under subsection
    (a) of this section is - 
        (1) if the offense is committed for purposes of commercial
      advantage, malicious destruction or damage, or private commercial
      gain, or in furtherance of any criminal or tortious act in
      violation of the Constitution or laws of the United States or any
      State - 
          (A) a fine under this title or imprisonment for not more than
        5 years, or both, in the case of a first offense under this
        subparagraph; and
          (B) a fine under this title or imprisonment for not more than
        10 years, or both, for any subsequent offense under this
        subparagraph; and

        (2) in any other case - 
          (A) a fine under this title or imprisonment for not more than
        1 year or both, in the case of a first offense under this
        paragraph; and
          (B) a fine under this title or imprisonment for not more than
        5 years, or both, in the case of an offense under this
        subparagraph that occurs after a conviction of another offense
        under this section.

      (c) Exceptions. - Subsection (a) of this section does not apply
    with respect to conduct authorized - 
        (1) by the person or entity providing a wire or electronic
      communications service;
        (2) by a user of that service with respect to a communication
      of or intended for that user; or
        (3) in section 2703, 2704 or 2518 of this title.

-SOURCE-
    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
    Stat. 1860; amended Pub. L. 103-322, title XXXIII, Sec.
    330016(1)(K), (U), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L.
    104-294, title VI, Sec. 601(a)(3), Oct. 11, 1996, 110 Stat. 3498;
    Pub. L. 107-296, title II, Sec. 225(j)(2), Nov. 25, 2002, 116 Stat.
    2158.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b)(1). Pub. L. 107-296, Sec. 225(j)(2)(A), in
    introductory provisions, inserted ", or in furtherance of any
    criminal or tortious act in violation of the Constitution or laws
    of the United States or any State" after "commercial gain".
      Subsec. (b)(1)(A). Pub. L. 107-296, Sec. 225(j)(2)(B),
    substituted "5 years" for "one year".
      Subsec. (b)(1)(B). Pub. L. 107-296, Sec. 225(j)(2)(C),
    substituted "10 years" for "two years".
      Subsec. (b)(2). Pub. L. 107-296, Sec. 225(j)(2)(D), added par.
    (2) and struck out former par. (2) which read as follows: "a fine
    under this title or imprisonment for not more than six months, or
    both, in any other case."
      1996 - Subsec. (b)(1)(A), (2). Pub. L. 104-294 substituted "fine
    under this title" for "fine of under this title".
      1994 - Subsec. (b)(1)(A). Pub. L. 103-322, Sec. 330016(1)(U),
    substituted "under this title" for "not more than $250,000".
      Subsec. (b)(2). Pub. L. 103-322, Sec. 330016(1)(K), substituted
    "under this title" for "not more than $5,000".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                              EFFECTIVE DATE                          
      Section 202 of title II of Pub. L. 99-508 provided that: "This
    title and the amendments made by this title [enacting this chapter]
    shall take effect ninety days after the date of the enactment of
    this Act [Oct. 21, 1986] and shall, in the case of conduct pursuant
    to a court order or extension, apply only with respect to court
    orders or extensions made after this title takes effect."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-618, Sec. 1, Nov. 5, 1988, 102 Stat. 3195, provided
    that: "This Act [enacting section 2710 of this title and
    renumbering former section 2710 as 2711 of this title] may be cited
    as the 'Video Privacy Protection Act of 1988'."

-End-



-CITE-
    18 USC Sec. 2702                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2702. Voluntary disclosure of customer communications or
      records

-STATUTE-
      (a) Prohibitions. - Except as provided in subsection (b) or (c) -
    
        (1) a person or entity providing an electronic communication
      service to the public shall not knowingly divulge to any person
      or entity the contents of a communication while in electronic
      storage by that service; and
        (2) a person or entity providing remote computing service to
      the public shall not knowingly divulge to any person or entity
      the contents of any communication which is carried or maintained
      on that service - 
          (A) on behalf of, and received by means of electronic
        transmission from (or created by means of computer processing
        of communications received by means of electronic transmission
        from), a subscriber or customer of such service;
          (B) solely for the purpose of providing storage or computer
        processing services to such subscriber or customer, if the
        provider is not authorized to access the contents of any such
        communications for purposes of providing any services other
        than storage or computer processing; and

        (3) a provider of remote computing service or electronic
      communication service to the public shall not knowingly divulge a
      record or other information pertaining to a subscriber to or
      customer of such service (not including the contents of
      communications covered by paragraph (1) or (2)) to any
      governmental entity.

      (b) Exceptions for disclosure of communications. - A provider
    described in subsection (a) may divulge the contents of a
    communication - 
        (1) to an addressee or intended recipient of such communication
      or an agent of such addressee or intended recipient;
        (2) as otherwise authorized in section 2517, 2511(2)(a), or
      2703 of this title;
        (3) with the lawful consent of the originator or an addressee
      or intended recipient of such communication, or the subscriber in
      the case of remote computing service;
        (4) to a person employed or authorized or whose facilities are
      used to forward such communication to its destination;
        (5) as may be necessarily incident to the rendition of the
      service or to the protection of the rights or property of the
      provider of that service;
        (6) to 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);
        (7) 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) Repealed. Pub. L. 108-21, title V, Sec. 508(b)(1)(A),
        Apr. 30, 2003, 117 Stat. 684]

        (8) 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 communications relating to the emergency.

      (c) Exceptions for Disclosure of Customer Records. - A provider
    described in subsection (a) may divulge a record or other
    information pertaining to a subscriber to or customer of such
    service (not including the contents of communications covered by
    subsection (a)(1) or (a)(2)) - 
        (1) as otherwise authorized in section 2703;
        (2) with the lawful consent of the customer or subscriber;
        (3) as may be necessarily incident to the rendition of the
      service or to the protection of the rights or property of the
      provider of that service;
        (4) to a governmental entity, if the provider, 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;
        (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
        (6) to any person other than a governmental entity.

      (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.

-SOURCE-
    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
    Stat. 1860; amended Pub. L. 100-690, title VII, Sec. 7037, Nov. 18,
    1988, 102 Stat. 4399; Pub. L. 105-314, title VI, Sec. 604(b), Oct.
    30, 1998, 112 Stat. 2984; Pub. L. 107-56, title II, Sec. 212(a)(1),
    Oct. 26, 2001, 115 Stat. 284; Pub. L. 107-296, title II, Sec.
    225(d)(1), Nov. 25, 2002, 116 Stat. 2157; Pub. L. 108-21, title V,
    Sec. 508(b), Apr. 30, 2003, 117 Stat. 684; Pub. L. 109-177, title
    I, Sec. 107(a), (b)(1), (c), Mar. 9, 2006, 120 Stat. 202, 203.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-177, Sec. 107(c), inserted "or
    (c)" after "Except as provided in subsection (b)".
      Subsec. (b)(8). Pub. L. 109-177, Sec. 107(b)(1)(A), struck out
    "Federal, State, or local" before "governmental entity".
      Subsec. (c)(4). Pub. L. 109-177, Sec. 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;".
      Subsec. (d). Pub. L. 109-177, Sec. 107(a), added subsec. (d).
      2003 - Subsec. (b)(5). Pub. L. 108-21, Sec. 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.
      Subsec. (b)(6). Pub. L. 108-21, Sec. 508(b)(1)(D), added par.
    (6). Former par. (6) redesignated (7).
      Subsec. (b)(6)(B). Pub. L. 108-21, Sec. 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".
      Subsec. (b)(7), (8). Pub. L. 108-21, Sec. 508(b)(1)(B),
    redesignated pars. (6) and (7) as (7) and (8), respectively.
      Subsec. (c)(5), (6). Pub. L. 108-21, Sec. 508(b)(2), added par.
    (5) and redesignated former par. (5) as (6).
      2002 - Subsec. (b)(5). Pub. L. 107-296, Sec. 225(d)(1)(A), struck
    out "or" at end.
      Subsec. (b)(6)(A). Pub. L. 107-296, Sec. 225(d)(1)(B), inserted
    "or" at end.
      Subsec. (b)(6)(C). Pub. L. 107-296, Sec. 225(d)(1)(C), struck out
    subpar. (C) which read as follows: "if the provider reasonably
    believes that an emergency involving immediate danger of death or
    serious physical injury to any person requires disclosure of the
    information without delay."
      Subsec. (b)(7). Pub. L. 107-296, Sec. 225(d)(1)(D), added par.
    (7).
      2001 - Pub. L. 107-56, Sec. 212(a)(1)(A), substituted "Voluntary
    disclosure of customer communications or records" for "Disclosure
    of contents" in section catchline.
      Subsec. (a)(3). Pub. L. 107-56, Sec. 212(a)(1)(B), added par.
    (3).
      Subsec. (b). Pub. L. 107-56, Sec. 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.
      Subsec. (b)(6)(C). Pub. L. 107-56, Sec. 212(a)(1)(D), added
    subpar. (C).
      Subsec. (c). Pub. L. 107-56, Sec. 212(a)(1)(E), added subsec.
    (c).
      1998 - Subsec. (b)(6). Pub. L. 105-314 amended par. (6)
    generally. Prior to amendment, par. (6) read as follows: "to a law
    enforcement agency, if such contents - 
        "(A) were inadvertently obtained by the service provider; and
        "(B) appear to pertain to the commission of a crime."
      1988 - Subsec. (b)(2). Pub. L. 100-690 substituted "2517" for
    "2516".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

-End-



-CITE-
    18 USC Sec. 2703                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2703. Required disclosure of customer communications or
      records

-STATUTE-
      (a) Contents of Wire or Electronic Communications in Electronic
    Storage. - A governmental entity may require the disclosure by a
    provider of electronic communication service of the contents of a
    wire or electronic communication, that is in electronic storage in
    an electronic communications system for one hundred and eighty days
    or less, only pursuant to a warrant issued using the procedures
    described in the Federal Rules of Criminal Procedure by a court
    with jurisdiction over the offense under investigation or
    equivalent State warrant. A governmental entity may require the
    disclosure by a provider of electronic communications services of
    the contents of a wire or electronic communication that has been in
    electronic storage in an electronic communications system for more
    than one hundred and eighty days by the means available under
    subsection (b) of this section.
      (b) Contents of Wire or Electronic Communications in a Remote
    Computing Service. - (1) A governmental entity may require a
    provider of remote computing service to disclose the contents of
    any wire or electronic communication to which this paragraph is
    made applicable by paragraph (2) of this subsection - 
        (A) without required notice to the subscriber or customer, if
      the governmental entity obtains a warrant issued using the
      procedures described in the Federal Rules of Criminal Procedure
      by a court with jurisdiction over the offense under investigation
      or equivalent State warrant; or
        (B) with prior notice from the governmental entity to the
      subscriber or customer if the governmental entity - 
          (i) uses an administrative subpoena authorized by a Federal
        or State statute or a Federal or State grand jury or trial
        subpoena; or
          (ii) obtains a court order for such disclosure under
        subsection (d) of this section;

      except that delayed notice may be given pursuant to section 2705
      of this title.

      (2) Paragraph (1) is applicable with respect to any wire or
    electronic communication that is held or maintained on that service
    - 
        (A) on behalf of, and received by means of electronic
      transmission from (or created by means of computer processing of
      communications received by means of electronic transmission
      from), a subscriber or customer of such remote computing service;
      and
        (B) solely for the purpose of providing storage or computer
      processing services to such subscriber or customer, if the
      provider is not authorized to access the contents of any such
      communications for purposes of providing any services other than
      storage or computer processing.

      (c) Records Concerning Electronic Communication Service or Remote
    Computing Service. - (1) A governmental entity may require a
    provider of electronic communication service or remote computing
    service to disclose a record or other information pertaining to a
    subscriber to or customer of such service (not including the
    contents of communications) only when the governmental entity - 
        (A) obtains a warrant issued using the procedures described in
      the Federal Rules of Criminal Procedure by a court with
      jurisdiction over the offense under investigation or equivalent
      State warrant;
        (B) obtains a court order for such disclosure under subsection
      (d) of this section;
        (C) has the consent of the subscriber or customer to such
      disclosure;
        (D) submits a formal written request relevant to a law
      enforcement investigation concerning telemarketing fraud for the
      name, address, and place of business of a subscriber or customer
      of such provider, which subscriber or customer is engaged in
      telemarketing (as such term is defined in section 2325 of this
      title); or
        (E) seeks information under paragraph (2).

      (2) A provider of electronic communication service or remote
    computing service shall disclose to a governmental entity the - 
        (A) name;
        (B) address;
        (C) local and long distance telephone connection records, or
      records of session times and durations;
        (D) length of service (including start date) and types of
      service utilized;
        (E) telephone or instrument number or other subscriber number
      or identity, including any temporarily assigned network address;
      and
        (F) means and source of payment for such service (including any
      credit card or bank account number),

    of a subscriber to or customer of such service when the
    governmental entity uses an administrative subpoena authorized by a
    Federal or State statute or a Federal or State grand jury or trial
    subpoena or any means available under paragraph (1).
      (3) A governmental entity receiving records or information under
    this subsection is not required to provide notice to a subscriber
    or customer.
      (d) Requirements for Court Order. - A court order for disclosure
    under subsection (b) or (c) may be issued by any court that is a
    court of competent jurisdiction and shall issue only if the
    governmental entity offers specific and articulable facts showing
    that there are reasonable grounds to believe that the contents of a
    wire or electronic communication, or the records or other
    information sought, are relevant and material to an ongoing
    criminal investigation. In the case of a State governmental
    authority, such a court order shall not issue if prohibited by the
    law of such State. A court issuing an order pursuant to this
    section, on a motion made promptly by the service provider, may
    quash or modify such order, if the information or records requested
    are unusually voluminous in nature or compliance with such order
    otherwise would cause an undue burden on such provider.
      (e) No Cause of Action Against a Provider Disclosing Information
    Under This Chapter. - No cause of action shall lie in any court
    against any provider of wire or electronic communication service,
    its officers, employees, agents, or other specified persons for
    providing information, facilities, or assistance in accordance with
    the terms of a court order, warrant, subpoena, statutory
    authorization, or certification under this chapter.
      (f) Requirement To Preserve Evidence. - 
        (1) In general. - A provider of wire or electronic
      communication services or a remote computing service, upon the
      request of a governmental entity, shall take all necessary steps
      to preserve records and other evidence in its possession pending
      the issuance of a court order or other process.
        (2) Period of retention. - Records referred to in paragraph (1)
      shall be retained for a period of 90 days, which shall be
      extended for an additional 90-day period upon a renewed request
      by the governmental entity.

      (g) Presence of Officer Not Required. - Notwithstanding section
    3105 of this title, the presence of an officer shall not be
    required for service or execution of a search warrant issued in
    accordance with this chapter requiring disclosure by a provider of
    electronic communications service or remote computing service of
    the contents of communications or records or other information
    pertaining to a subscriber to or customer of such service.

-SOURCE-
    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
    Stat. 1861; amended Pub. L. 100-690, title VII, Secs. 7038, 7039,
    Nov. 18, 1988, 102 Stat. 4399; Pub. L. 103-322, title XXXIII, Sec.
    330003(b), Sept. 13, 1994, 108 Stat. 2140; Pub. L. 103-414, title
    II, Sec. 207(a), Oct. 25, 1994, 108 Stat. 4292; Pub. L. 104-132,
    title VIII, Sec. 804, Apr. 24, 1996, 110 Stat. 1305; Pub. L. 104-
    293, title VI, Sec. 601(b), Oct. 11, 1996, 110 Stat. 3469; Pub. L.
    104-294, title VI, Sec. 605(f), Oct. 11, 1996, 110 Stat. 3510; Pub.
    L. 105-184, Sec. 8, June 23, 1998, 112 Stat. 522; Pub. L. 107-56,
    title II, Secs. 209(2), 210, 212(b)(1), 220(a)(1), (b), Oct. 26,
    2001, 115 Stat. 283, 285, 291, 292; Pub. L. 107-273, div. B, title
    IV, Sec. 4005(a)(2), div. C, title I, Sec. 11010, Nov. 2, 2002, 116
    Stat. 1812, 1822; Pub. L. 107-296, title II, Sec. 225(h)(1), Nov.
    25, 2002, 116 Stat. 2158; Pub. L. 109-162, title XI, Sec.
    1171(a)(1), Jan. 5, 2006, 119 Stat. 3123.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Criminal Procedure, referred to in subsecs.
    (a), (b)(1)(A), and (c)(1)(B)(i), are set out in the Appendix to
    this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(1)(C). Pub. L. 109-162 struck out "or" at end.
      2002 - Subsec. (c)(1)(E). Pub. L. 107-273, Sec. 4005(a)(2),
    realigned margins.
      Subsec. (e). Pub. L. 107-296 inserted ", statutory authorization"
    after "subpoena".
      Subsec. (g). Pub. L. 107-273, Sec. 11010, added subsec. (g).
      2001 - Pub. L. 107-56, Sec. 212(b)(1)(A), substituted "Required
    disclosure of customer communications or records" for "Requirements
    for governmental access" in section catchline.
      Subsec. (a). Pub. L. 107-56, Secs. 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.
      Subsec. (b). Pub. L. 107-56, Sec. 209(2)(A), substituted
    "Contents of Wire or Electronic" for "Contents of Electronic" in
    heading.
      Subsec. (b)(1). Pub. L. 107-56, Secs. 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).
      Subsec. (b)(2). Pub. L. 107-56, Sec. 209(2)(C), substituted "any
    wire or electronic communication" for "any electronic
    communication" in introductory provisions.
      Subsec. (c)(1). Pub. L. 107-56, Secs. 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).
      Subsec. (c)(2). Pub. L. 107-56, Sec. 210, amended par. (2), as
    redesignated by section 212 of Pub. L. 107-56, by substituting
    "entity the - " for "entity the name, address, local and long
    distance telephone toll billing records, telephone number or other
    subscriber number or identity, and length of service of a
    subscriber" in introductory provisions, inserting subpars. (A) to
    (F), striking out "and the types of services the subscriber or
    customer utilized," before "when the governmental entity uses an
    administrative subpoena", inserting "of a subscriber" at beginning
    of concluding provisions and designating "to or customer of such
    service when the governmental entity uses an administrative
    subpoena authorized by a Federal or State statute or a Federal or
    State grand jury or trial subpoena or any means available under
    paragraph (1)." as remainder of concluding provisions.
      Pub. L. 107-56, Sec. 212(b)(1)(C)(iii), (D), redesignated subpar.
    (C) of par. (1) as par. (2) and temporarily substituted "paragraph
    (1)" for "subparagraph (B)".
      Pub. L. 107-56, Sec. 212(b)(1)(B), redesignated par. (2) as (3).
      Subsec. (c)(3). Pub. L. 107-56, Sec. 212(b)(1)(B), redesignated
    par. (2) as (3).
      Subsec. (d). Pub. L. 107-56, Sec. 220(b), struck out "described
    in section 3127(2)(A)" after "court of competent jurisdiction".
      1998 - Subsec. (c)(1)(B)(iv). Pub. L. 105-184 added cl. (iv).
      1996 - Subsec. (c)(1)(C). Pub. L. 104-293 inserted "local and
    long distance" after "address,".
      Subsec. (d). Pub. L. 104-294 substituted "in section 3127(2)(A)"
    for "in section 3126(2)(A)".
      Subsec. (f). Pub. L. 104-132 added subsec. (f).
      1994 - Subsec. (c)(1)(B). Pub. L. 103-414, Sec. 207(a)(1)(A),
    redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and
    struck out former cl. (i) which read as follows: "uses an
    administrative subpoena authorized by a Federal or State statute,
    or a Federal or State grand jury or trial subpoena;".
      Subsec. (c)(1)(C). Pub. L. 103-414, Sec. 207(a)(1)(B), added
    subpar. (C).
      Subsec. (d). Pub. L. 103-414, Sec. 207(a)(2), amended first
    sentence generally. Prior to amendment, first sentence read as
    follows: "A court order for disclosure under subsection (b) or (c)
    of this section may be issued by any court that is a court of
    competent jurisdiction set forth in section 3127(2)(A) of this
    title and shall issue only if the governmental entity shows that
    there is reason to believe the contents of a wire or electronic
    communication, or the records or other information sought, are
    relevant to a legitimate law enforcement inquiry."
      Pub. L. 103-322 substituted "section 3127(2)(A)" for "section
    3126(2)(A)".
      1988 - Subsecs. (b)(1)(B)(i), (c)(1)(B)(i). Pub. L. 100-690, Sec.
    7038, inserted "or trial" after "grand jury".
      Subsec. (d). Pub. L. 100-690, Sec. 7039, inserted "may be issued
    by any court that is a court of competent jurisdiction set forth in
    section 3126(2)(A) of this title and" before "shall issue".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

-End-



-CITE-
    18 USC Sec. 2704                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2704. Backup preservation

-STATUTE-
      (a) Backup Preservation. - (1) A governmental entity acting under
    section 2703(b)(2) may include in its subpoena or court order a
    requirement that the service provider to whom the request is
    directed create a backup copy of the contents of the electronic
    communications sought in order to preserve those communications.
    Without notifying the subscriber or customer of such subpoena or
    court order, such service provider shall create such backup copy as
    soon as practicable consistent with its regular business practices
    and shall confirm to the governmental entity that such backup copy
    has been made. Such backup copy shall be created within two
    business days after receipt by the service provider of the subpoena
    or court order.
      (2) Notice to the subscriber or customer shall be made by the
    governmental entity within three days after receipt of such
    confirmation, unless such notice is delayed pursuant to section
    2705(a).
      (3) The service provider shall not destroy such backup copy until
    the later of - 
        (A) the delivery of the information; or
        (B) the resolution of any proceedings (including appeals of any
      proceeding) concerning the government's subpoena or court order.

      (4) The service provider shall release such backup copy to the
    requesting governmental entity no sooner than fourteen days after
    the governmental entity's notice to the subscriber or customer if
    such service provider - 
        (A) has not received notice from the subscriber or customer
      that the subscriber or customer has challenged the governmental
      entity's request; and
        (B) has not initiated proceedings to challenge the request of
      the governmental entity.

      (5) A governmental entity may seek to require the creation of a
    backup copy under subsection (a)(1) of this section if in its sole
    discretion such entity determines that there is reason to believe
    that notification under section 2703 of this title of the existence
    of the subpoena or court order may result in destruction of or
    tampering with evidence. This determination is not subject to
    challenge by the subscriber or customer or service provider.
      (b) Customer Challenges. - (1) Within fourteen days after notice
    by the governmental entity to the subscriber or customer under
    subsection (a)(2) of this section, such subscriber or customer may
    file a motion to quash such subpoena or vacate such court order,
    with copies served upon the governmental entity and with written
    notice of such challenge to the service provider. A motion to
    vacate a court order shall be filed in the court which issued such
    order. A motion to quash a subpoena shall be filed in the
    appropriate United States district court or State court. Such
    motion or application shall contain an affidavit or sworn statement
    - 
        (A) stating that the applicant is a customer or subscriber to
      the service from which the contents of electronic communications
      maintained for him have been sought; and
        (B) stating the applicant's reasons for believing that the
      records sought are not relevant to a legitimate law enforcement
      inquiry or that there has not been substantial compliance with
      the provisions of this chapter in some other respect.

      (2) Service shall be made under this section upon a governmental
    entity by delivering or mailing by registered or certified mail a
    copy of the papers to the person, office, or department specified
    in the notice which the customer has received pursuant to this
    chapter. For the purposes of this section, the term "delivery" has
    the meaning given that term in the Federal Rules of Civil
    Procedure.
      (3) If the court finds that the customer has complied with
    paragraphs (1) and (2) of this subsection, the court shall order
    the governmental entity to file a sworn response, which may be
    filed in camera if the governmental entity includes in its response
    the reasons which make in camera review appropriate. If the court
    is unable to determine the motion or application on the basis of
    the parties' initial allegations and response, the court may
    conduct such additional proceedings as it deems appropriate. All
    such proceedings shall be completed and the motion or application
    decided as soon as practicable after the filing of the governmental
    entity's response.
      (4) If the court finds that the applicant is not the subscriber
    or customer for whom the communications sought by the governmental
    entity are maintained, or that there is a reason to believe that
    the law enforcement inquiry is legitimate and that the
    communications sought are relevant to that inquiry, it shall deny
    the motion or application and order such process enforced. If the
    court finds that the applicant is the subscriber or customer for
    whom the communications sought by the governmental entity are
    maintained, and that there is not a reason to believe that the
    communications sought are relevant to a legitimate law enforcement
    inquiry, or that there has not been substantial compliance with the
    provisions of this chapter, it shall order the process quashed.
      (5) A court order denying a motion or application under this
    section shall not be deemed a final order and no interlocutory
    appeal may be taken therefrom by the customer.

-SOURCE-
    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
    Stat. 1863.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (b)(2), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.

-End-



-CITE-
    18 USC Sec. 2705                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2705. Delayed notice

-STATUTE-
      (a) Delay of Notification. - (1) A governmental entity acting
    under section 2703(b) of this title may - 
        (A) where a court order is sought, include in the application a
      request, which the court shall grant, for an order delaying the
      notification required under section 2703(b) of this title for a
      period not to exceed ninety days, if the court determines that
      there is reason to believe that notification of the existence of
      the court order may have an adverse result described in paragraph
      (2) of this subsection; or
        (B) where an administrative subpoena authorized by a Federal or
      State statute or a Federal or State grand jury subpoena is
      obtained, delay the notification required under section 2703(b)
      of this title for a period not to exceed ninety days upon the
      execution of a written certification of a supervisory official
      that there is reason to believe that notification of the
      existence of the subpoena may have an adverse result described in
      paragraph (2) of this subsection.

      (2) An adverse result for the purposes of paragraph (1) of this
    subsection is - 
        (A) endangering the life or physical safety of an individual;
        (B) flight from prosecution;
        (C) destruction of or tampering with evidence;
        (D) intimidation of potential witnesses; or
        (E) otherwise seriously jeopardizing an investigation or unduly
      delaying a trial.

      (3) The governmental entity shall maintain a true copy of
    certification under paragraph (1)(B).
      (4) Extensions of the delay of notification provided in section
    2703 of up to ninety days each may be granted by the court upon
    application, or by certification by a governmental entity, but only
    in accordance with subsection (b) of this section.
      (5) Upon expiration of the period of delay of notification under
    paragraph (1) or (4) of this subsection, the governmental entity
    shall serve upon, or deliver by registered or first-class mail to,
    the customer or subscriber a copy of the process or request
    together with notice that - 
        (A) states with reasonable specificity the nature of the law
      enforcement inquiry; and
        (B) informs such customer or subscriber - 
          (i) that information maintained for such customer or
        subscriber by the service provider named in such process or
        request was supplied to or requested by that governmental
        authority and the date on which the supplying or request took
        place;
          (ii) that notification of such customer or subscriber was
        delayed;
          (iii) what governmental entity or court made the
        certification or determination pursuant to which that delay was
        made; and
          (iv) which provision of this chapter allowed such delay.

      (6) As used in this subsection, the term "supervisory official"
    means the investigative agent in charge or assistant investigative
    agent in charge or an equivalent of an investigating agency's
    headquarters or regional office, or the chief prosecuting attorney
    or the first assistant prosecuting attorney or an equivalent of a
    prosecuting attorney's headquarters or regional office.
      (b) Preclusion of Notice to Subject of Governmental Access. - A
    governmental entity acting under section 2703, when it is not
    required to notify the subscriber or customer under section
    2703(b)(1), or to the extent that it may delay such notice pursuant
    to subsection (a) of this section, may apply to a court for an
    order commanding a provider of electronic communications service or
    remote computing service to whom a warrant, subpoena, or court
    order is directed, for such period as the court deems appropriate,
    not to notify any other person of the existence of the warrant,
    subpoena, or court order. The court shall enter such an order if it
    determines that there is reason to believe that notification of the
    existence of the warrant, subpoena, or court order will result in -
    
        (1) endangering the life or physical safety of an individual;
        (2) flight from prosecution;
        (3) destruction of or tampering with evidence;
        (4) intimidation of potential witnesses; or
        (5) otherwise seriously jeopardizing an investigation or unduly
      delaying a trial.

-SOURCE-
    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
    Stat. 1864.)

-End-



-CITE-
    18 USC Sec. 2706                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2706. Cost reimbursement

-STATUTE-
      (a) Payment. - Except as otherwise provided in subsection (c), a
    governmental entity obtaining the contents of communications,
    records, or other information under section 2702, 2703, or 2704 of
    this title shall pay to the person or entity assembling or
    providing such information a fee for reimbursement for such costs
    as are reasonably necessary and which have been directly incurred
    in searching for, assembling, reproducing, or otherwise providing
    such information. Such reimbursable costs shall include any costs
    due to necessary disruption of normal operations of any electronic
    communication service or remote computing service in which such
    information may be stored.
      (b) Amount. - The amount of the fee provided by subsection (a)
    shall be as mutually agreed by the governmental entity and the
    person or entity providing the information, or, in the absence of
    agreement, shall be as determined by the court which issued the
    order for production of such information (or the court before which
    a criminal prosecution relating to such information would be
    brought, if no court order was issued for production of the
    information).
      (c) Exception. - The requirement of subsection (a) of this
    section does not apply with respect to records or other information
    maintained by a communications common carrier that relate to
    telephone toll records and telephone listings obtained under
    section 2703 of this title. The court may, however, order a payment
    as described in subsection (a) if the court determines the
    information required is unusually voluminous in nature or otherwise
    caused an undue burden on the provider.

-SOURCE-
    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
    Stat. 1866; amended Pub. L. 100-690, title VII, Sec. 7061, Nov. 18,
    1988, 102 Stat. 4404.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (c). Pub. L. 100-690 inserted heading.

-End-



-CITE-
    18 USC Sec. 2707                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2707. Civil action

-STATUTE-
      (a) Cause of Action. - Except as provided in section 2703(e), any
    provider of electronic communication service, subscriber, or other
    person aggrieved by any violation of this chapter in which the
    conduct constituting the violation is engaged in with a knowing or
    intentional state of mind may, in a civil action, recover from the
    person or entity, other than the United States, which engaged in
    that violation such relief as may be appropriate.
      (b) Relief. - In a civil action under this section, appropriate
    relief includes - 
        (1) such preliminary and other equitable or declaratory relief
      as may be appropriate;
        (2) damages under subsection (c); and
        (3) a reasonable attorney's fee and other litigation costs
      reasonably incurred.

      (c) Damages. - The court may assess as damages in a civil action
    under this section the sum of the actual damages suffered by the
    plaintiff and any profits made by the violator as a result of the
    violation, but in no case shall a person entitled to recover
    receive less than the sum of $1,000. If the violation is willful or
    intentional, the court may assess punitive damages. In the case of
    a successful action to enforce liability under this section, the
    court may assess the costs of the action, together with reasonable
    attorney fees determined by the court.
      (d) Administrative Discipline. - If a court or appropriate
    department or agency determines that the United States or any of
    its departments or agencies has violated any provision of this
    chapter, and the court or appropriate department or agency finds
    that the circumstances surrounding the violation raise serious
    questions about whether or not an officer or employee of the United
    States acted willfully or intentionally with respect to the
    violation, the department or agency shall, upon receipt of a true
    and correct copy of the decision and findings of the court or
    appropriate department or agency promptly initiate a proceeding to
    determine whether disciplinary action against the officer or
    employee is warranted. If the head of the department or agency
    involved determines that disciplinary action is not warranted, he
    or she shall notify the Inspector General with jurisdiction over
    the department or agency concerned and shall provide the Inspector
    General with the reasons for such determination.
      (e) Defense. - A good faith reliance on - 
        (1) a court warrant or order, a grand jury subpoena, a
      legislative authorization, or a statutory authorization
      (including a request of a governmental entity under section
      2703(f) of this title);
        (2) a request of an investigative or law enforcement officer
      under section 2518(7) of this title; or
        (3) a good faith determination that section 2511(3) of this
      title permitted the conduct complained of;

    is a complete defense to any civil or criminal action brought under
    this chapter or any other law.
      (f) Limitation. - A civil action under this section may not be
    commenced later than two years after the date upon which the
    claimant first discovered or had a reasonable opportunity to
    discover the violation.
      (g) Improper Disclosure. - Any willful disclosure of a "record",
    as that term is defined in section 552a(a) of title 5, United
    States Code, obtained by an investigative or law enforcement
    officer, or a governmental entity, pursuant to section 2703 of this
    title, or from a device installed pursuant to section 3123 or 3125
    of this title, that is not a disclosure made in the proper
    performance of the official functions of the officer or
    governmental entity making the disclosure, is a violation of this
    chapter. This provision shall not apply to information previously
    lawfully disclosed (prior to the commencement of any civil or
    administrative proceeding under this chapter) to the public by a
    Federal, State, or local governmental entity or by the plaintiff in
    a civil action under this chapter.

-SOURCE-
    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
    Stat. 1866; amended Pub. L. 104-293, title VI, Sec. 601(c), Oct.
    11, 1996, 110 Stat. 3469; Pub. L. 107-56, title II, Secs. 223(b),
    title VIII, Sec. 815, Oct. 26, 2001, 115 Stat. 293, 384; Pub. L.
    107-273, div. B, title IV, Sec. 4005(f)(2), Nov. 2, 2002, 116 Stat.
    1813.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (e)(1). Pub. L. 107-273 made technical correction
    to directory language of Pub. L. 107-56, Sec. 815. See 2001
    Amendment note below.
      2001 - Subsec. (a). Pub. L. 107-56, Sec. 223(b)(1), inserted ",
    other than the United States," after "person or entity".
      Subsec. (d). Pub. L. 107-56, Sec. 223(b)(2), added subsec. (d)
    and struck out heading and text of former subsec. (d). Text read as
    follows: "If a court determines that any agency or department of
    the United States has violated this chapter and the court finds
    that the circumstances surrounding the violation raise the question
    whether or not an officer or employee of the agency or department
    acted willfully or intentionally with respect to the violation, the
    agency or department concerned shall promptly initiate a proceeding
    to determine whether or not disciplinary action is warranted
    against the officer or employee."
      Subsec. (e)(1). Pub. L. 107-56, Sec. 815, as amended by Pub. L.
    107-273, inserted "(including a request of a governmental entity
    under section 2703(f) of this title)" after "or a statutory
    authorization".
      Subsec. (g). Pub. L. 107-56, Sec. 223(b)(3), added subsec. (g).
      1996 - Subsec. (a). Pub. L. 104-293, Sec. 601(c)(1), substituted
    "other person" for "customer".
      Subsec. (c). Pub. L. 104-293, Sec. 601(c)(2), inserted at end "If
    the violation is willful or intentional, the court may assess
    punitive damages. In the case of a successful action to enforce
    liability under this section, the court may assess the costs of the
    action, together with reasonable attorney fees determined by the
    court."
      Subsecs. (d) to (f). Pub. L. 104-293, Sec. 601(c)(3), (4), added
    subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and
    (f), respectively.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-273, div. B, title IV, Sec. 4005(f)(2), Nov. 2, 2002,
    116 Stat. 1813, provided that the amendment made by section
    4005(f)(2) is effective Oct. 26, 2001.

-End-



-CITE-
    18 USC Sec. 2708                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2708. Exclusivity of remedies

-STATUTE-
      The remedies and sanctions described in this chapter are the only
    judicial remedies and sanctions for nonconstitutional violations of
    this chapter.

-SOURCE-
    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
    Stat. 1867.)

-End-



-CITE-
    18 USC Sec. 2709                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2709. Counterintelligence access to telephone toll and
      transactional records

-STATUTE-
      (a) Duty to Provide. - A wire or electronic communication service
    provider shall comply with a request for subscriber information and
    toll billing records information, or electronic communication
    transactional records in its custody or possession made by the
    Director of the Federal Bureau of Investigation under subsection
    (b) of this section.
      (b) Required Certification. - The Director of the Federal Bureau
    of Investigation, or his designee in a position not lower than
    Deputy Assistant Director at Bureau headquarters or a Special Agent
    in Charge in a Bureau field office designated by the Director, may -
     
        (1) request the name, address, length of service, and local and
      long distance toll billing records of a person or entity if the
      Director (or his designee) certifies in writing to the wire or
      electronic communication service provider to which the request is
      made that the name, address, length of service, and toll billing
      records sought are relevant to an authorized investigation to
      protect against international terrorism or clandestine
      intelligence activities, provided that such an investigation of a
      United States person is not conducted solely on the basis of
      activities protected by the first amendment to the Constitution
      of the United States; and
        (2) request the name, address, and length of service of a
      person or entity if the Director (or his designee) certifies in
      writing to the wire or electronic communication service provider
      to which the request is made that the information sought is
      relevant to an authorized investigation to protect against
      international terrorism or clandestine intelligence activities,
      provided that such an investigation of a United States person is
      not conducted solely upon the basis of activities protected by
      the first amendment to the Constitution of the United States.

      (c) Prohibition of Certain Disclosure. - 
        (1) If the Director of the Federal Bureau of Investigation, or
      his designee in a position not lower than Deputy Assistant
      Director at Bureau headquarters or a Special Agent in Charge in a
      Bureau field office designated by the Director, certifies that
      otherwise there may result a danger to the national security of
      the United States, interference with a criminal,
      counterterrorism, or counterintelligence investigation,
      interference with diplomatic relations, or danger to the life or
      physical safety of any person, no wire or electronic
      communications service provider, or officer, employee, or agent
      thereof, shall disclose to any person (other than those to whom
      such disclosure is necessary to comply with the request or an
      attorney to obtain legal advice or legal assistance with respect
      to the request) that the Federal Bureau of Investigation has
      sought or obtained access to information or records under this
      section.
        (2) The request shall notify the person or entity to whom the
      request is directed of the nondisclosure requirement under
      paragraph (1).
        (3) Any recipient disclosing to those persons necessary to
      comply with the request or to an attorney to obtain legal advice
      or legal assistance with respect to the request shall inform such
      person of any applicable nondisclosure requirement. Any person
      who receives a disclosure under this subsection shall be subject
      to the same prohibitions on disclosure under paragraph (1).
        (4) At the request of the Director of the Federal Bureau of
      Investigation or the designee of the Director, any person making
      or intending to make a disclosure under this section shall
      identify to the Director or such designee the person to whom such
      disclosure will be made or to whom such disclosure was made prior
      to the request, except that nothing in this section shall require
      a person to inform the Director or such designee of the identity
      of an attorney to whom disclosure was made or will be made to
      obtain legal advice or legal assistance with respect to the
      request under subsection (a).

      (d) Dissemination by Bureau. - The Federal Bureau of
    Investigation may disseminate information and records obtained
    under this section only as provided in guidelines approved by the
    Attorney General for foreign intelligence collection and foreign
    counterintelligence investigations conducted by the Federal Bureau
    of Investigation, and, with respect to dissemination to an agency
    of the United States, only if such information is clearly relevant
    to the authorized responsibilities of such agency.
      (e) Requirement That Certain Congressional Bodies Be Informed. -
    On a semiannual basis the Director of the Federal Bureau of
    Investigation shall fully inform the Permanent Select Committee on
    Intelligence of the House of Representatives and the Select
    Committee on Intelligence of the Senate, and the Committee on the
    Judiciary of the House of Representatives and the Committee on the
    Judiciary of the Senate, concerning all requests made under
    subsection (b) of this section.
      (f) Libraries. - A library (as that term is defined in section
    213(1) of the Library Services and Technology Act (20 U.S.C.
    9122(1)), the services of which include access to the Internet,
    books, journals, magazines, newspapers, or other similar forms of
    communication in print or digitally by patrons for their use,
    review, examination, or circulation, is not a wire or electronic
    communication service provider for purposes of this section, unless
    the library is providing the services defined in section 2510(15)
    ("electronic communication service") of this title.

-SOURCE-
    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
    Stat. 1867; amended Pub. L. 103-142, Nov. 17, 1993, 107 Stat. 1491;
    Pub. L. 104-293, title VI, Sec. 601(a), Oct. 11, 1996, 110 Stat.
    3469; Pub. L. 107-56, title V, Sec. 505(a), Oct. 26, 2001, 115
    Stat. 365; Pub. L. 109-177, title I, Sec. 116(a), Mar. 9, 2006, 120
    Stat. 213; Pub. L. 109-178, Secs. 4(b), 5, Mar. 9, 2006, 120 Stat.
    280, 281.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c). Pub. L. 109-177 reenacted heading without
    change and amended text generally. Prior to amendment, text read as
    follows: "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."
      Subsec. (c)(4). Pub. L. 109-178, Sec. 4(b), amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "At the
    request of the Director of the Federal Bureau of Investigation or
    the designee of the Director, any person making or intending to
    make a disclosure under this section shall identify to the Director
    or such designee the person to whom such disclosure will be made or
    to whom such disclosure was made prior to the request, but in no
    circumstance shall a person be required to inform the Director or
    such designee that the person intends to consult an attorney to
    obtain legal advice or legal assistance."
      Subsec. (f). Pub. L. 109-178, Sec. 5, added subsec. (f).
      2001 - Subsec. (b). Pub. L. 107-56, Sec. 505(a)(1), inserted "at
    Bureau headquarters or a Special Agent in Charge in a Bureau field
    office designated by the Director" after "Deputy Assistant
    Director" in introductory provisions.
      Subsec. (b)(1). Pub. L. 107-56, Sec. 505(a)(2), struck out "in a
    position not lower than Deputy Assistant Director" after "(or his
    designee" and substituted "made that the name, address, length of
    service, and toll billing records sought are relevant to an
    authorized investigation to protect against international terrorism
    or clandestine intelligence activities, provided that such an
    investigation of a United States person is not conducted solely on
    the basis of activities protected by the first amendment to the
    Constitution of the United States; and" for "made that - 
        "(A) the name, address, length of service, and toll billing
      records sought are relevant to an authorized foreign
      counterintelligence investigation; and
        "(B) there are specific and articulable facts giving reason to
      believe that the person or entity to whom the information sought
      pertains is a foreign power or an agent of a foreign power as
      defined in section 101 of the Foreign Intelligence Surveillance
      Act of 1978 (50 U.S.C. 1801); and".
      Subsec. (b)(2). Pub. L. 107-56, Sec. 505(a)(3), struck out "in a
    position not lower than Deputy Assistant Director" after "(or his
    designee" and substituted "made that the information sought is
    relevant to an authorized investigation to protect against
    international terrorism or clandestine intelligence activities,
    provided that such an investigation of a United States person is
    not conducted solely upon the basis of activities protected by the
    first amendment to the Constitution of the United States." for
    "made that - 
        "(A) the information sought is relevant to an authorized
      foreign counterintelligence investigation; and
        "(B) there are specific and articulable facts giving reason to
      believe that communication facilities registered in the name of
      the person or entity have been used, through the services of such
      provider, in communication with - 
          "(i) an individual who is engaging or has engaged in
        international terrorism as defined in section 101(c) of the
        Foreign Intelligence Surveillance Act or clandestine
        intelligence activities that involve or may involve a violation
        of the criminal statutes of the United States; or
          "(ii) a foreign power or an agent of a foreign power under
        circumstances giving reason to believe that the communication
        concerned international terrorism as defined in section 101(c)
        of the Foreign Intelligence Surveillance Act or clandestine
        intelligence activities that involve or may involve a violation
        of the criminal statutes of the United States."
      1996 - Subsec. (b)(1). Pub. L. 104-293 inserted "local and long
    distance" before "toll billing records".
      1993 - Subsec. (b). Pub. L. 103-142, Sec. 1, amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
    "Required Certification. - The Director of the Federal Bureau of
    Investigation (or an individual within the Federal Bureau of
    Investigation designated for this purpose by the Director) may
    request any such information and records if the Director (or the
    Director's designee) certifies in writing to the wire or electronic
    communication service provider to which the request is made that - 
        "(1) the information sought is relevant to an authorized
      foreign counterintelligence investigation; and
        "(2) there are specific and articulable facts giving reason to
      believe that the person or entity to whom the information sought
      pertains is a foreign power or an agent of a foreign power as
      defined in section 101 of the Foreign Intelligence Surveillance
      Act of 1978 (50 U.S.C. 1801)."
      Subsec. (e). Pub. L. 103-142, Sec. 2, inserted ", and the
    Committee on the Judiciary of the House of Representatives and the
    Committee on the Judiciary of the Senate," after "Senate".

-End-



-CITE-
    18 USC Sec. 2710                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

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

-STATUTE-
      (a) Definitions. - For purposes of this section - 
        (1) the term "consumer" means any renter, purchaser, or
      subscriber of goods or services from a video tape service
      provider;
        (2) the term "ordinary course of business" means only debt
      collection activities, order fulfillment, request processing, and
      the transfer of ownership;
        (3) the term "personally identifiable information" includes
      information which identifies a person as having requested or
      obtained specific video materials or services from a video tape
      service provider; and
        (4) the term "video tape service provider" means any person,
      engaged in the business, in or affecting interstate or foreign
      commerce, of rental, sale, or delivery of prerecorded video
      cassette tapes or similar audio visual materials, or any person
      or other entity to whom a disclosure is made under subparagraph
      (D) or (E) of subsection (b)(2), but only with respect to the
      information contained in the disclosure.

      (b) Video Tape Rental and Sale Records. - (1) A video tape
    service provider who knowingly discloses, to any person, personally
    identifiable information concerning any consumer of such provider
    shall be liable to the aggrieved person for the relief provided in
    subsection (d).
      (2) A video tape service provider may disclose personally
    identifiable information concerning any consumer - 
        (A) to the consumer;
        (B) to any person with the informed, written consent of the
      consumer given at the time the disclosure is sought;
        (C) to a law enforcement agency pursuant to a warrant issued
      under the Federal Rules of Criminal Procedure, an equivalent
      State warrant, a grand jury subpoena, or a court order;
        (D) to any person if the disclosure is solely of the names and
      addresses of consumers and if - 
          (i) the video tape service provider has provided the consumer
        with the opportunity, in a clear and conspicuous manner, to
        prohibit such disclosure; and
          (ii) the disclosure does not identify the title, description,
        or subject matter of any video tapes or other audio visual
        material; however, the subject matter of such materials may be
        disclosed if the disclosure is for the exclusive use of
        marketing goods and services directly to the consumer;

        (E) to any person if the disclosure is incident to the ordinary
      course of business of the video tape service provider; or
        (F) pursuant to a court order, in a civil proceeding upon a
      showing of compelling need for the information that cannot be
      accommodated by any other means, if - 
          (i) the consumer is given reasonable notice, by the person
        seeking the disclosure, of the court proceeding relevant to the
        issuance of the court order; and
          (ii) the consumer is afforded the opportunity to appear and
        contest the claim of the person seeking the disclosure.

    If an order is granted pursuant to subparagraph (C) or (F), the
    court shall impose appropriate safeguards against unauthorized
    disclosure.
      (3) Court orders authorizing disclosure under subparagraph (C)
    shall issue only with prior notice to the consumer and only if the
    law enforcement agency shows that there is probable cause to
    believe that the records or other information sought are relevant
    to a legitimate law enforcement inquiry. In the case of a State
    government authority, such a court order shall not issue if
    prohibited by the law of such State. A court issuing an order
    pursuant to this section, on a motion made promptly by the video
    tape service provider, may quash or modify such order if the
    information or records requested are unreasonably voluminous in
    nature or if compliance with such order otherwise would cause an
    unreasonable burden on such provider.
      (c) Civil Action. - (1) Any person aggrieved by any act of a
    person in violation of this section may bring a civil action in a
    United States district court.
      (2) The court may award - 
        (A) actual damages but not less than liquidated damages in an
      amount of $2,500;
        (B) punitive damages;
        (C) reasonable attorneys' fees and other litigation costs
      reasonably incurred; and
        (D) such other preliminary and equitable relief as the court
      determines to be appropriate.

      (3) No action may be brought under this subsection unless such
    action is begun within 2 years from the date of the act complained
    of or the date of discovery.
      (4) No liability shall result from lawful disclosure permitted by
    this section.
      (d) Personally Identifiable Information. - Personally
    identifiable information obtained in any manner other than as
    provided in this section shall not be received in evidence in any
    trial, hearing, arbitration, or other proceeding in or before any
    court, grand jury, department, officer, agency, regulatory body,
    legislative committee, or other authority of the United States, a
    State, or a political subdivision of a State.
      (e) Destruction of Old Records. - A person subject to this
    section shall destroy personally identifiable information as soon
    as practicable, but no later than one year from the date the
    information is no longer necessary for the purpose for which it was
    collected and there are no pending requests or orders for access to
    such information under subsection (b)(2) or (c)(2) or pursuant to a
    court order.
      (f) Preemption. - The provisions of this section preempt only the
    provisions of State or local law that require disclosure prohibited
    by this section.

-SOURCE-
    (Added Pub. L. 100-618, Sec. 2(a)(2), Nov. 5, 1988, 102 Stat.
    3195.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (b)(2)(C), are set out in the Appendix to this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2710 was renumbered section 2711 of this title.

-End-



-CITE-
    18 USC Sec. 2711                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2711. Definitions for chapter

-STATUTE-
      As used in this chapter - 
        (1) the terms defined in section 2510 of this title have,
      respectively, the definitions given such terms in that section;
        (2) the term "remote computing service" means the provision to
      the public of computer storage or processing services by means of
      an electronic communications system;
        (3) the term "court of competent jurisdiction" has the meaning
      assigned by section 3127, and includes any Federal court within
      that definition, without geographic limitation; and
        (4) the term "governmental entity" means a department or agency
      of the United States or any State or political subdivision
      thereof.

-SOURCE-
    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
    Stat. 1868, Sec. 2710; renumbered Sec. 2711, Pub. L. 100-618, Sec.
    2(a)(1), Nov. 5, 1988, 102 Stat. 3195; amended Pub. L. 107-56,
    title II, Sec. 220(a)(2), Oct. 26, 2001, 115 Stat. 292; Pub. L. 109-
    177, title I, Sec. 107(b)(2), Mar. 9, 2006, 120 Stat. 202.)


-MISC1-
                                AMENDMENTS                            
      2006 - Par. (4). Pub. L. 109-177 added par. (4).
      2001 - Par. (3). Pub. L. 107-56 added par. (3).
      1988 - Pub. L. 100-618 renumbered section 2710 of this title as
    this section.

-End-



-CITE-
    18 USC Sec. 2712                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
                   TRANSACTIONAL RECORDS ACCESS  

-HEAD-
    Sec. 2712. Civil actions against the United States

-STATUTE-
      (a) In General. - Any person who is aggrieved by any willful
    violation of this chapter or of chapter 119 of this title or of
    sections 106(a), 305(a), or 405(a) of the Foreign Intelligence
    Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an
    action in United States District Court against the United States to
    recover money damages. In any such action, if a person who is
    aggrieved successfully establishes such a violation of this chapter
    or of chapter 119 of this title or of the above specific provisions
    of title 50, the Court may assess as damages - 
        (1) actual damages, but not less than $10,000, whichever amount
      is greater; and
        (2) litigation costs, reasonably incurred.

      (b) Procedures. - (1) Any action against the United States under
    this section may be commenced only after a claim is presented to
    the appropriate department or agency under the procedures of the
    Federal Tort Claims Act, as set forth in title 28, United States
    Code.
      (2) Any action against the United States under this section shall
    be forever barred unless it is presented in writing to the
    appropriate Federal agency within 2 years after such claim accrues
    or unless action is begun within 6 months after the date of
    mailing, by certified or registered mail, of notice of final denial
    of the claim by the agency to which it was presented. The claim
    shall accrue on the date upon which the claimant first has a
    reasonable opportunity to discover the violation.
      (3) Any action under this section shall be tried to the court
    without a jury.
      (4) Notwithstanding any other provision of law, the procedures
    set forth in section 106(f), 305(g), or 405(f) of the Foreign
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
    shall be the exclusive means by which materials governed by those
    sections may be reviewed.
      (5) An amount equal to any award against the United States under
    this section shall be reimbursed by the department or agency
    concerned to the fund described in section 1304 of title 31, United
    States Code, out of any appropriation, fund, or other account
    (excluding any part of such appropriation, fund, or account that is
    available for the enforcement of any Federal law) that is available
    for the operating expenses of the department or agency concerned.
      (c) Administrative Discipline. - If a court or appropriate
    department or agency determines that the United States or any of
    its departments or agencies has violated any provision of this
    chapter, and the court or appropriate department or agency finds
    that the circumstances surrounding the violation raise serious
    questions about whether or not an officer or employee of the United
    States acted willfully or intentionally with respect to the
    violation, the department or agency shall, upon receipt of a true
    and correct copy of the decision and findings of the court or
    appropriate department or agency promptly initiate a proceeding to
    determine whether disciplinary action against the officer or
    employee is warranted. If the head of the department or agency
    involved determines that disciplinary action is not warranted, he
    or she shall notify the Inspector General with jurisdiction over
    the department or agency concerned and shall provide the Inspector
    General with the reasons for such determination.
      (d) Exclusive Remedy. - Any action against the United States
    under this subsection shall be the exclusive remedy against the
    United States for any claims within the purview of this section.
      (e) Stay of Proceedings. - (1) Upon the motion of the United
    States, the court shall stay any action commenced under this
    section if the court determines that civil discovery will adversely
    affect the ability of the Government to conduct a related
    investigation or the prosecution of a related criminal case. Such a
    stay shall toll the limitations periods of paragraph (2) of
    subsection (b).
      (2) In this subsection, the terms "related criminal case" and
    "related investigation" mean an actual prosecution or investigation
    in progress at the time at which the request for the stay or any
    subsequent motion to lift the stay is made. In determining whether
    an investigation or a criminal case is related to an action
    commenced under this section, the court shall consider the degree
    of similarity between the parties, witnesses, facts, and
    circumstances involved in the 2 proceedings, without requiring that
    any one or more factors be identical.
      (3) In requesting a stay under paragraph (1), the Government may,
    in appropriate cases, submit evidence ex parte in order to avoid
    disclosing any matter that may adversely affect a related
    investigation or a related criminal case. If the Government makes
    such an ex parte submission, the plaintiff shall be given an
    opportunity to make a submission to the court, not ex parte, and
    the court may, in its discretion, request further information from
    either party.

-SOURCE-
    (Added Pub. L. 107-56, title II, Sec. 223(c)(1), Oct. 26, 2001, 115
    Stat. 294.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 106, 305, and 405 of the Foreign Intelligence
    Surveillance Act of 1978, referred to in subsecs. (a) and (b)(4),
    are classified to sections 1806, 1825, and 1845, respectively, of
    Title 50, War and National Defense.
      The Federal Tort Claims Act, referred to in subsec. (b)(1), is
    title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was
    classified principally to chapter 20 (Secs. 921, 922, 931-934, 941-
    946) of former Title 28, Judicial Code and Judiciary. Title IV of
    act Aug. 2, 1946, was substantially repealed and reenacted as
    sections 1346(b) and 2671 et seq. of Title 28, Judiciary and
    Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992,
    the first section of which enacted Title 28. The Federal Tort
    Claims Act is also commonly used to refer to chapter 171 of Title
    28, Judiciary and Judicial Procedure. For complete classification
    of title IV to the Code, see Tables. For distribution of former
    sections of Title 28 into the revised Title 28, see Table at the
    beginning of Title 28.

-End-