1172 
‘‘(3) A full and complete statement as to wheth-
er or not other investigative procedures have been 
tried and failed or why they reasonably appear to be 
unlikely to succeed if tried or to be too dangerous. 
‘‘(4) A statement of the period of time for 
which the interception is required to be maintained. 
If the nature of the investigation is such that the 
authorization for interception should not automati-
cally terminate when the described type of commu-
nication has been first obtained, a particular de-
scription of facts establishing probable cause to be-
lieve that additional communications of the same 
type will occur thereafter. 
‘‘(5) A full and complete statement of the facts 
concerning all previous applications known to the in-
dividual authorizing and making the application, 
made to any judge for authorization to intercept, or 
for approval of interceptions of, wire, oral, or elec-
tronic communications involving any of the same 
persons, facilities or places specified in the applica-
tion, and the action taken by the judge on each such 
application. 
‘‘(6) Where the application is for the extension 
of an order, a statement setting forth the results 
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thus far obtained from the interception, or a reason-
able explanation of the failure to obtain such results. 
‘‘(b) ADDITIONAL TESTIMONY
OR DOCUMENTARY 
EVIDENCE.—The judge may require the applicant to fur-
nish additional testimony or documentary evidence in sup-
port of the application. 
‘‘(c) EX PARTE ORDER.—Upon such application the 
judge may enter an ex parte order, as requested or as 
modified, authorizing or approving interception of wire, 
oral, or electronic communications within the territorial 
jurisdiction of the court in which the judge is sitting (and 
outside that jurisdiction but within the United States in 
the case of a mobile interception device authorized by a 
Federal court within such jurisdiction), if the judge deter-
mines on the basis of the facts submitted by the applicant 
that— 
‘‘(1) there is probable cause for belief that an 
individual is committing, has committed, or is about 
to commit a particular offense enumerated in section 
3119A; 
‘‘(2) there is probable cause for belief that par-
ticular communications concerning that offense will 
be obtained through such interception; 
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‘‘(3) normal investigative procedures have been 
tried and have failed or reasonably appear to be un-
likely to succeed if tried or to be too dangerous; and 
‘‘(4) except as provided in subsection (k), there 
is probable cause for belief that the facilities from 
which, or the place where, the wire, oral, or elec-
tronic communications are to be intercepted are 
being used, or are about to be used, in connection 
with the commission of such offense, or are leased 
to, listed in the name of, or commonly used by such 
person. 
‘‘(d) CONTENTS OF ORDER.—Each order authorizing 
or approving the interception of any wire, oral, or elec-
tronic communication under this chapter shall specify— 
‘‘(1) the identity of the person, if known, whose 
communications are to be intercepted; 
‘‘(2) the nature and location of the communica-
tions facilities as to which, or the place where, au-
thority to intercept is granted; 
‘‘(3) a particular description of the type of com-
munication sought to be intercepted, and a state-
ment of the particular offense to which it relates; 
‘‘(4) the identity of the agency authorized to 
intercept the communications, and of the person au-
thorizing the application; and 
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‘‘(5) the period of time during which such inter-
ception is authorized, including a statement as to 
whether or not the interception shall automatically 
terminate when the described communication has 
been first obtained. 
An order authorizing the interception of a wire, oral, or 
electronic communication under this chapter shall, upon 
request of the applicant, direct that a provider of wire or 
electronic communication service, landlord, custodian or 
other person shall furnish the applicant forthwith all infor-
mation, facilities, and technical assistance necessary to ac-
complish the interception unobtrusively and with a min-
imum of interference with the services that such service 
provider, landlord, custodian, or person is according the 
person whose communications are to be intercepted. Any 
provider of wire or electronic communication service, land-
lord, custodian or other person furnishing such facilities 
or technical assistance shall be compensated therefor by 
the applicant for reasonable expenses incurred in pro-
viding such facilities or assistance. Pursuant to section 
3119G, an order may also be issued to enforce the assist-
ance capability and capacity requirements under the Com-
munications Assistance for Law Enforcement Act. 
‘‘(e) LIMITATIONS ON ORDERS.—No order entered 
under this section may authorize or approve the intercep-
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tion of any wire, oral, or electronic communication for any 
period longer than is necessary to achieve the objective 
of the authorization, nor in any event longer than thirty 
days. Such thirty-day period begins on the earlier of the 
day on which the investigative or law enforcement officer 
first begins to conduct an interception under the order or 
ten days after the order is entered. Extensions of an order 
may be granted, but only upon application for an exten-
sion made in accordance with subsection (a) of this section 
and the court making the findings required by subsection 
(c) of this section. The period of extension shall be no 
longer than the authorizing judge deems necessary to 
achieve the purposes for which it was granted and in no 
event for longer than thirty days. Every order and exten-
sion thereof shall contain a provision that the authoriza-
tion to intercept shall be executed as soon as practicable, 
shall be conducted in such a way as to minimize the inter-
ception of communications not otherwise subject to inter-
ception under this chapter, and must terminate upon at-
tainment of the authorized objective, or in any event in 
thirty days. In the event the intercepted communication 
is in a code or foreign language, and an expert in that 
foreign language or code is not reasonably available during 
the interception period, minimization may be accomplished 
as soon as practicable after such interception. An intercep-
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tion under this chapter may be conducted in whole or in 
part by Government personnel, or by an individual oper-
ating under a contract with the Government, acting under 
the supervision of an investigative or law enforcement offi-
cer authorized to conduct the interception. 
‘‘(f) REPORTS TO ISSUING JUDGE.—Whenever an 
order authorizing interception is entered pursuant to this 
chapter, the order may require reports to be made to the 
judge who issued the order showing what progress has 
been made toward achievement of the authorized objective 
and the need for continued interception. Such reports shall 
be made at such intervals as the judge may require. 
‘‘(g) EMERGENCY
SITUATIONS.—Notwithstanding 
any other provision of this chapter, any investigative or 
law enforcement officer, specially designated by the Attor-
ney General, the Deputy Attorney General, the Associate 
Attorney General, or by the principal prosecuting attorney 
of any State or subdivision thereof acting pursuant to a 
statute of that State, who reasonably determines that— 
‘‘(1) an emergency situation exists that in-
volves— 
‘‘(A) immediate danger of death or serious 
physical injury to any person, 
‘‘(B) conspiratorial activities threatening 
the national security interest, or 
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‘‘(C) conspiratorial activities characteristic 
of organized crime, 
that requires a wire, oral, or electronic communica-
tion to be intercepted before an order authorizing 
such interception can, with due diligence, be ob-
tained, and 
‘‘(2) there are grounds upon which an order 
could be entered under this chapter to authorize 
such interception, 
may intercept such wire, oral, or electronic communication 
if an application for an order approving the interception 
is made in accordance with this section within forty-eight 
hours after the interception has occurred, or begins to 
occur. In the absence of an order, such interception shall 
immediately terminate when the communication sought is 
obtained or when the application for the order is denied, 
whichever is earlier. In the event such application for ap-
proval is denied, or in any other case where the intercep-
tion is terminated without an order having been issued, 
the contents of any wire, oral, or electronic communication 
intercepted shall be treated as having been obtained in vio-
lation of this chapter, and an inventory shall be served 
as provided for in subsection (d) of this section on the 
person named in the application. 
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‘‘(h) RECORDING OF INTERCEPTION.—(1) The con-
tents of any wire, oral, or electronic communication inter-
cepted by any means authorized by this chapter shall, if 
possible, be recorded on tape or wire or other comparable 
device. The recording of the contents of any wire, oral, 
or electronic communication under this subsection shall be 
done in such a way as will protect the recording from edit-
ing or other alterations. Immediately upon the expiration 
of the period of the order, or extensions thereof, such re-
cordings shall be made available to the judge issuing such 
order and sealed under his directions. Custody of the re-
cordings shall be wherever the judge orders. They shall 
not be destroyed except upon an order of the issuing or 
denying judge and in any event shall be kept for ten years. 
Duplicate recordings may be made for use or disclosure 
pursuant to subsections (a) and (b) of section 3119B for 
investigations. The presence of the seal provided for by 
this subsection, or a satisfactory explanation for the ab-
sence thereof, shall be a prerequisite for the use or disclo-
sure of the contents of any wire, oral, or electronic commu-
nication or evidence derived therefrom under subsection 
(c) of section 3119B. 
‘‘(2) Applications made and orders granted under 
this chapter shall be sealed by the judge. Custody of the 
applications and orders shall be wherever the judge di-
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rects. Such applications and orders shall be disclosed only 
upon a showing of good cause before a judge of competent 
jurisdiction and shall not be destroyed except on order of 
the issuing or denying judge, and in any event shall be 
kept for ten years. 
‘‘(3) Any violation of the provisions of this subsection 
may be punished as contempt of the issuing or denying 
judge. 
‘‘(4) Within a reasonable time but not later than 
ninety days after the filing of an application for an order 
of approval under section 3119C(f)(2) which is denied or 
the termination of the period of an order or extensions 
thereof, the issuing or denying judge shall cause to be 
served, on the persons named in the order or the applica-
tion, and such other parties to intercepted communica-
tions as the judge may determine in his discretion that 
is in the interest of justice, an inventory which shall in-
clude notice of— 
‘‘(A) the fact of the entry of the order or the 
application; 
‘‘(B) the date of the entry and the period of au-
thorized, approved or disapproved interception, or 
the denial of the application; and 
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‘‘(C) the fact that during the period wire, oral, 
or electronic communications were or were not inter-
cepted. 
The judge, upon the filing of a motion, may in his discre-
tion make available to such person or his counsel for in-
spection such portions of the intercepted communications, 
applications and orders as the judge determines to be in 
the interest of justice. On an ex parte showing of good 
cause to a judge of competent jurisdiction the serving of 
the inventory required by this subsection may be post-
poned. 
‘‘(i) EXCLUSION AS EVIDENCE.—The contents of any 
wire, oral, or electronic communication intercepted pursu-
ant to this chapter or evidence derived therefrom shall not 
be received in evidence or otherwise disclosed in any trial, 
hearing, or other proceeding in a Federal or State court 
unless each party, not less than ten days before the trial, 
hearing, or proceeding, has been furnished with a copy of 
the court order, and accompanying application, under 
which the interception was authorized or approved. This 
ten-day period may be waived by the judge if he finds that 
it was not possible to furnish the party with the above 
information ten days before the trial, hearing, or pro-
ceeding and that the party will not be prejudiced by the 
delay in receiving such information. 
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‘‘(j) MOVE TO SUPPRESS.—(1) Any aggrieved person 
in any trial, hearing, or proceeding in or before any court, 
department, officer, agency, regulatory body, or other au-
thority of the United States, a State, or a political subdivi-
sion thereof, may move to suppress the contents of any 
wire or oral communication intercepted pursuant to this 
chapter, or evidence derived therefrom, on the grounds 
that— 
‘‘(A) the communication was unlawfully inter-
cepted; 
‘‘(B) the order of authorization or approval 
under which it was intercepted is insufficient on its 
face; or 
‘‘(C) the interception was not made in con-
formity with the order of authorization or approval. 
Such motion shall be made before the trial, hearing, 
or proceeding unless there was no opportunity to 
make such motion or the person was not aware of 
the grounds of the motion. If the motion is granted, 
the contents of the intercepted wire or oral commu-
nication, or evidence derived therefrom, shall be 
treated as having been obtained in violation of this 
chapter. The judge, upon the filing of such motion 
by the aggrieved person, may in his discretion make 
available to the aggrieved person or his counsel for 
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inspection such portions of the intercepted commu-
nication or evidence derived therefrom as the judge 
determines to be in the interests of justice. 
‘‘(2) In addition to any other right to appeal, the 
United States shall have the right to appeal from an order 
granting a motion to suppress made under paragraph (1), 
or the denial of an application for an order of approval, 
if the United States attorney shall certify to the judge or 
other official granting such motion or denying such appli-
cation that the appeal is not taken for purposes of delay. 
Such appeal shall be taken within thirty days after the 
date the order was entered and shall be diligently pros-
ecuted. 
‘‘(3) The remedies and sanctions described in this 
chapter with respect to the interception of electronic com-
munications are the only judicial remedies and sanctions 
for nonconstitutional violations of this chapter involving 
such communications. 
‘‘(k) EXCEPTION TO SPECIFICATION OF FACILITY 
REQUIREMENTS.—The 
requirements 
of 
subsections 
(a)(2)(B) and (c)(4) relating to the specification of the 
facilities from which, or the place where, the communica-
tion is to be intercepted do not apply if— 
‘‘(1) in the case of an application with respect 
to the interception of an oral communication— 
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able cause to believe that the person’s actions 
could have the effect of thwarting interception 
from a specified facility; 
‘‘(C) the judge finds that such showing has 
been adequately made; and 
‘‘(D) the order authorizing or approving 
the interception is limited to interception only 
for such time as it is reasonable to presume 
that the person identified in the application is 
or was reasonably proximate to the instrument 
through which such communication will be or 
was transmitted. 
‘‘(l) BEGINNING OF CERTAIN INTERCEPTIONS.—An 
interception of a communication under an order with re-
spect to which the requirements of subsections (a)(2)(B) 
and (c)(4) of this section do not apply by reason of sub-
section (k)(1) shall not begin until the place where the 
communication is to be intercepted is ascertained by the 
person implementing the interception order. A provider of 
wire or electronic communications service that has re-
ceived an order as provided for in subsection (k)(2) may 
move the court to modify or quash the order on the ground 
that its assistance with respect to the interception cannot 
be performed in a timely or reasonable fashion. The court, 
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upon notice to the government, shall decide such a motion 
expeditiously. 
‘‘§ 3119D. Reports concerning intercepted wire, oral, 
or electronic communications 
‘‘(a) 30 DAYS AFTER EXPIRATION OF ORDER.—In 
January of each year, any judge who has issued an order 
(or an extension thereof) under section 3119C that expired 
during the preceding year, or who has denied approval of 
an interception during that year, shall report to the Ad-
ministrative Office of the United States Courts— 
‘‘(1) the fact that an order or extension was ap-
plied for; 
‘‘(2) the kind of order or extension applied for 
(including whether or not the order was an order 
with respect to which the requirements of sections 
3119C(a)(2)(B) and 3119(c)(4) did not apply by 
reason of section 3119C(k)); 
‘‘(3) the fact that the order or extension was 
granted as applied for, was modified, or was denied; 
‘‘(4) the period of interceptions authorized by 
the order, and the number and duration of any ex-
tensions of the order; 
‘‘(5) the offense specified in the order or appli-
cation, or extension of an order; 
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‘‘(6) the identity of the applying investigative or 
law enforcement officer and agency making the ap-
plication and the person authorizing the application; 
and 
‘‘(7) the nature of the facilities from which or 
the place where communications were to be inter-
cepted. 
‘‘(b) ANNUAL JUSTICE DEPARTMENT REPORT.—In 
March of each year the Attorney General, an Assistant 
Attorney General specially designated by the Attorney 
General, or the principal prosecuting attorney of a State, 
or the principal prosecuting attorney for any political sub-
division of a State, shall report to the Administrative Of-
fice of the United States Courts— 
‘‘(1) the information required by paragraphs 
(1) through (7) of subsection (a) of this section with 
respect to each application for an order or extension 
made during the preceding calendar year; 
‘‘(2) a general description of the interceptions 
made under such order or extension, including (i) 
the approximate nature and frequency of incrimi-
nating communications intercepted, (ii) the approxi-
mate nature and frequency of other communications 
intercepted, (iii) the approximate number of persons 
whose communications were intercepted, (iv) the 
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number of orders in which encryption was encoun-
tered and whether such encryption prevented law en-
forcement from obtaining the plain text of commu-
nications intercepted pursuant to such order, and (v) 
the approximate nature, amount, and cost of the 
manpower and other resources used in the intercep-
tions; 
‘‘(3) the number of arrests resulting from inter-
ceptions made under such order or extension, and 
the offenses for which arrests were made; 
‘‘(4) the number of trials resulting from such 
interceptions; 
‘‘(5) the number of motions to suppress made 
with respect to such interceptions, and the number 
granted or denied; 
‘‘(6) the number of convictions resulting from 
such interceptions and the offenses for which the 
convictions were obtained and a general assessment 
of the importance of the interceptions; and 
‘‘(7) the information required by paragraphs 
(2) through (6) of this subsection with respect to or-
ders or extensions obtained in a preceding calendar 
year. 
‘‘(c) REPORT TO CONGRESS.—In June of each year 
the Director of the Administrative Office of the United 
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States Courts shall transmit to the Congress a full and 
complete report concerning the number of applications for 
orders authorizing or approving the interception of wire, 
oral, or electronic communications pursuant to this chap-
ter and the number of orders and extensions granted or 
denied pursuant to this chapter during the preceding cal-
endar year. Such report shall include a summary and anal-
ysis of the data required to be filed with the Administra-
tive Office by subsections (a) and (b) of this section. The 
Director of the Administrative Office of the United States 
Courts is authorized to issue binding regulations dealing 
with the content and form of the reports required to be 
filed by subsections (a) and (b). 
‘‘§ 3119E. Recovery of civil damages authorized 
‘‘(a) IN GENERAL.—Except as provided in section 
1492(b)(1)(B), any person whose wire, oral, or electronic 
communication is intercepted, disclosed, or intentionally 
used in violation of subchapter B of chapter 37 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 an action under this section, ap-
propriate relief includes— 
‘‘(1) such preliminary and other equitable or 
declaratory relief as may be appropriate; 
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‘‘(2) damages under subsection (c) and punitive 
damages in appropriate cases; and 
‘‘(3) a reasonable attorney’s fee and other liti-
gation costs reasonably incurred. 
‘‘(c) COMPUTATION OF DAMAGES.—(1) In an action 
under this section, if the conduct in violation of this chap-
ter is the private viewing of a private satellite video com-
munication that is not scrambled or encrypted or if the 
communication is a radio communication that is trans-
mitted on frequencies allocated under subpart D of part 
74 of the rules of the Federal Communications Commis-
sion that is not scrambled or encrypted and the conduct 
is not for a tortious or illegal purpose or for purposes of 
direct or indirect commercial advantage or private com-
mercial gain, then the court shall assess damages as fol-
lows: 
‘‘(A) If the person who engaged in that conduct 
has not previously been enjoined under section 1492, 
and has not been found liable in a prior civil action 
under this section, the court shall assess the greater 
of the sum of actual damages suffered by the plain-
tiff, or statutory damages of not less than $50 and 
not more than $500. 
‘‘(B) If, on one prior occasion, the person who 
engaged in that conduct has been enjoined under 
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section 1492 or has been found liable in a civil ac-
tion under this section, the court shall assess the 
greater of the sum of actual damages suffered by 
the plaintiff, or statutory damages of not less than 
$100 and not more than $1000. 
‘‘(2) In any other action under this section, the court 
may assess as damages whichever is the greater of— 
‘‘(A) the sum of the actual damages suffered by 
the plaintiff and any profits made by the violator as 
a result of the violation; or 
‘‘(B) statutory damages of whichever is the 
greater of $100 a day for each day of violation or 
$10,000. 
‘‘(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 en-
forcement officer under section 3119C(g); or 
‘‘(3) a good faith determination that section 
1492(c) or 1492(b)(1) permitted the conduct com-
plained of, 
is a complete defense against any civil or criminal action 
brought under this chapter or any other law. 
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‘‘(e) LIMITATION.—A civil action under this section 
may not be commenced later than two years after the date 
upon which the claimant first has a reasonable oppor-
tunity to discover the violation. 
‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or ap-
propriate 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 cir-
cumstances surrounding the violation raise serious ques-
tions 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 re-
ceipt of a true and correct copy of the decision and find-
ings of the court or appropriate department or agency 
promptly initiate a proceeding to determine whether dis-
ciplinary action against the officer or employee is war-
ranted. 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 deter-
mination. 
‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any 
willful disclosure or use by an investigative or law enforce-
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ment officer or governmental entity of information beyond 
the extent permitted by section 3119B is a violation of 
this chapter for purposes of subsection (a). 
‘‘§ 3119F. Injunction against illegal interception 
‘‘Whenever it shall appear that any person is engaged 
or is about to engage in any act which constitutes or will 
constitute a felony violation of this chapter, the Attorney 
General may initiate a civil action in a district court of 
the United States to enjoin such violation. The court shall 
proceed as soon as practicable to the hearing and deter-
mination of such an action, and may, at any time before 
final determination, enter such a restraining order or pro-
hibition, or take such other action, as is warranted to pre-
vent a continuing and substantial injury to the United 
States or to any person or class of persons for whose pro-
tection the action is brought. A proceeding under this sec-
tion is governed by the Federal Rules of Civil Procedure, 
except that, if an indictment has been returned against 
the respondent, discovery is governed by the Federal Rules 
of Criminal Procedure. 
‘‘§ 3119G. Enforcement of the Communications Assist-
ance for Law Enforcement Act 
‘‘(a) ENFORCEMENT BY COURT ISSUING SURVEIL-
LANCE ORDER.—If a court authorizing an interception 
under this chapter, a State statute, or the Foreign Intel-
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ligence Surveillance Act of 1978 or authorizing use of a 
pen register or a trap and trace device under chapter 206 
or a State statute finds that a telecommunications carrier 
has failed to comply with the requirements of the Commu-
nications Assistance for Law Enforcement Act, the court 
may, in accordance with section 108 of such Act, direct 
that the carrier comply forthwith and may direct that a 
provider of support services to the carrier or the manufac-
turer of the carrier’s transmission or switching equipment 
furnish forthwith modifications necessary for the carrier 
to comply. 
‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTOR-
NEY GENERAL.—The Attorney General may, in a civil ac-
tion in the appropriate United States district court, obtain 
an order, in accordance with section 108 of the Commu-
nications Assistance for Law Enforcement Act, directing 
that a telecommunications carrier, a manufacturer of tele-
communications transmission or switching equipment, or 
a provider of telecommunications support services comply 
with such Act. 
‘‘(c) CIVIL PENALTY.— 
‘‘(1) IN GENERAL.—A court issuing an order 
under this section against a telecommunications car-
rier, a manufacturer of telecommunications trans-
mission or switching equipment, or a provider of 
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telecommunications support services may impose a 
civil penalty of up to $10,000 per day for each day 
in violation after the issuance of the order or after 
such future date as the court may specify. 
‘‘(2) CONSIDERATIONS.—In determining wheth-
er to impose a civil penalty and in determining its 
amount, the court shall take into account— 
‘‘(A) the nature, circumstances, and extent 
of the violation; 
‘‘(B) the violator’s ability to pay, the viola-
tor’s good faith efforts to comply in a timely 
manner, any effect on the violator’s ability to 
continue to do business, the degree of culpa-
bility, and the length of any delay in under-
taking efforts to comply; and 
‘‘(C) such other matters as justice may re-
quire. 
‘‘(d) DEFINITIONS.—As used in this section, the 
terms defined in section 102 of the Communications As-
sistance for Law Enforcement Act have the meanings pro-
vided, respectively, in such section. 
‘‘§ 3119H. Definitions 
‘‘Unless otherwise provided, a term defined for the 
purposes of subchapter B of chapter 37 shall have the 
same meaning for the purposes of this chapter. 
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‘‘CHAPTER 205B—PROCEDURAL AND RE-
LATED PROVISIONS PERTAINING TO 
STORED COMMUNICATIONS 
‘‘Sec 
‘‘3120. Voluntary disclosure of customer communications or records 
‘‘3120A. Required disclosure of customer communications or records 
‘‘3120B. Backup preservation 
‘‘3120C. Delayed notice 
‘‘3120D. Cost reimbursement 
‘‘3120E. Civil action 
‘‘3120F. Exclusivity of remedies 
‘‘3120G. Counterintelligence access to telephone toll and transactional records 
‘‘3120H. Wrongful disclosure of video tape rental or sale records 
‘‘3120I. Definitions for chapter 
‘‘3120J. Civil actions against the United States 
‘‘§ 3120. Voluntary disclosure of customer commu-
nications or records 
‘‘(a) PROHIBITIONS.—Except as provided in sub-
section (b) or (c)— 
‘‘(1) a person or entity providing an electronic 
communication service to the public shall not know-
ingly 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 com-
puting service to the public shall not knowingly di-
vulge 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 
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‘‘(2) as otherwise authorized in section 3119B, 
1492, or 3120A; 
‘‘(3) with the lawful consent of the originator or 
an addressee or intended recipient of such commu-
nication, 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 commu-
nication to its destination; 
‘‘(5) as may be necessarily incident to the ren-
dition 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 sub-
mitted thereto under section 6 of the Criminal Code 
Modernization and Simplification Act of 2011; 
‘‘(7) to a law enforcement agency if the con-
tents— 
‘‘(A) were inadvertently obtained by the 
service provider; and 
‘‘(B) appear to pertain to the commission 
of a crime; and 
‘‘(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 
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person requires disclosure without delay of commu-
nications relating to the emergency. 
‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER 
RECORDS.—A provider described in subsection (a) may di-
vulge a record or other information pertaining to a sub-
scriber 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 3120A; 
‘‘(2) with the lawful consent of the customer or 
subscriber; 
‘‘(3) as may be necessarily incident to the ren-
dition 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 informa-
tion relating to the emergency; 
‘‘(5) to the National Center for Missing and 
Exploited Children, in connection with a report sub-
mitted thereto under section 6 of the Criminal Code 
Modernization and Simplification Act of 2011; or 
‘‘(6) to any person other than a governmental 
entity. 
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‘‘(d) REPORTING OF EMERGENCY DISCLOSURES.— 
On an annual basis, the Attorney General shall submit to 
the Committee on the Judiciary of the House of Rep-
resentatives 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 disclo-
sures under subsection (b)(8); and 
‘‘(2) a summary of the basis for disclosure in 
those instances where— 
‘‘(A) voluntary disclosures under sub-
section (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. 
‘‘§ 3120A. Required disclosure of customer commu-
nications or records 
‘‘(a) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS IN ELECTRONIC STORAGE.—A governmental 
entity may require the disclosure by a provider of elec-
tronic 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 
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using the procedures described in the Federal Rules of 
Criminal Procedure (or, in the case of a State court, 
issued using State warrant procedures) by a court of com-
petent jurisdiction. A governmental entity may require the 
disclosure by a provider of electronic communications serv-
ices of the contents of a wire or electronic communication 
that has been in electronic storage in an electronic commu-
nications 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 COMMU-
NICATIONS 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 (or, in the case 
of a State court, issued using State warrant proce-
dures) by a court of competent jurisdiction; or 
‘‘(B) with prior notice from the governmental 
entity to the subscriber or customer if the govern-
mental entity— 
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‘‘(i) uses an administrative subpoena au-
thorized by a Federal or State statute or a Fed-
eral or State grand jury or trial subpoena; or 
‘‘(ii) obtains a court order for such disclo-
sure under subsection (d) of this section; 
except that delayed notice may be given pursuant to 
section 3120C. 
‘‘(2) Paragraph (1) is applicable with respect to any 
wire or electronic communication that is held or main-
tained 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 ac-
cess the contents of any such communications for 
purposes of providing any services other than stor-
age or computer processing. 
‘‘(c) RECORDS CONCERNING ELECTRONIC COMMU-
NICATION SERVICE OR REMOTE COMPUTING SERVICE.— 
(1) A governmental entity may require a provider of elec-
tronic communication service or remote computing service 
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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 govern-
mental entity— 
‘‘(A) obtains a warrant issued using the proce-
dures described in the Federal Rules of Criminal 
Procedure (or, in the case of a State court, issued 
using State warrant procedures) by a court of com-
petent jurisdiction; 
‘‘(B) obtains a court order for such disclosure 
under subsection (d) of this section; 
‘‘(C) has the consent of the subscriber or cus-
tomer to such disclosure; 
‘‘(D) submits a formal written request relevant 
to a law enforcement investigation concerning tele-
marketing fraud for the name, address, and place of 
business of a subscriber or customer of such pro-
vider, which subscriber or customer is engaged in 
telemarketing; or 
‘‘(E) seeks information under paragraph (2). 
‘‘(2) A provider of electronic communication service 
or remote computing service shall disclose to a govern-
mental entity the— 
‘‘(A) name; 
‘‘(B) address; 
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‘‘(C) local and long distance telephone connec-
tion records, or records of session times and dura-
tions; 
‘‘(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 tempo-
rarily 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 au-
thorized 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 infor-
mation under this subsection is not required to provide 
notice to a subscriber or customer. 
‘‘(4) As used in this subsection, the term ‘tele-
marketing’— 
‘‘(A) means a plan, program, promotion, or 
campaign that is conducted to induce— 
‘‘(i) purchases of goods or services; 
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‘‘(ii) participation in a contest or sweep-
stakes; or 
‘‘(iii) a charitable contribution, donation, 
or gift of money or any other thing of value, 
by use of 1 or more interstate telephone calls initiated ei-
ther by a person who is conducting the plan, program, 
promotion, or campaign or by a prospective purchaser or 
contest or sweepstakes participant or charitable contrib-
utor, or donor; but 
‘‘(B) does not include the solicitation of sales 
through the mailing of a catalog that— 
‘‘(i) contains a written description or illus-
tration of the goods or services offered for sale; 
‘‘(ii) includes the business address of the 
seller; 
‘‘(iii) includes multiple pages of written 
material or illustration; and 
‘‘(iv) has been issued not less frequently 
than once a year, 
if the person making the solicitation does not solicit cus-
tomers by telephone but only receives calls initiated by 
customers in response to the catalog and during those 
calls takes orders without further solicitation. 
‘‘(d) REQUIREMENTS FOR COURT ORDER.—A court 
order for disclosure under subsection (b) or (c) may be 
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issued by any court that is a court of competent jurisdic-
tion and shall issue only if the governmental entity offers 
specific and articulable facts showing that there are rea-
sonable grounds to believe that the contents of a wire or 
electronic communication, or the records or other informa-
tion sought, are relevant and material to an ongoing crimi-
nal investigation. In the case of a State governmental au-
thority, such a court order shall not issue if prohibited 
by the law of such State. A court issuing an order pursu-
ant 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 volumi-
nous 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 au-
thorization, or certification under this chapter. 
‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.— 
‘‘(1) IN GENERAL.—A provider of wire or elec-
tronic communication services or a remote com-
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puting 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 gov-
ernmental entity. 
‘‘(g) PRESENCE OF OFFICER NOT REQUIRED.—Not-
withstanding section 3105, the presence of an officer shall 
not be required for service or execution of a search war-
rant issued in accordance with this chapter requiring dis-
closure by a provider of electronic communications service 
or remote computing service of the contents of commu-
nications or records or other information pertaining to a 
subscriber to or customer of such service. 
‘‘§ 3120B. Backup preservation 
‘‘(a) BACKUP PRESERVATION.—(1) A governmental 
entity acting under section 3120A(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. With-
out notifying the subscriber or customer of such subpoena 
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or court order, such service provider shall create such 
backup copy as soon as practicable consistent with its reg-
ular business practices and shall confirm to the govern-
mental 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 3120C(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 (includ-
ing appeals of any proceeding) concerning the gov-
ernment’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 sub-
scriber or customer that the subscriber or customer 
has challenged the governmental entity’s request; 
and 
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‘‘(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 
3120A 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 14 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 
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electronic communications maintained for him have 
been sought; and 
‘‘(B) stating the applicant’s reasons for believ-
ing that the records sought are not relevant to a le-
gitimate 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 reg-
istered or certified mail a copy of the papers to the person, 
office, or department specified in the notice which the cus-
tomer has received pursuant to this chapter. For the pur-
poses 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 com-
plied 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 govern-
mental 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 appro-
priate. All such proceedings shall be completed and the 
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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 in-
quiry 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 en-
tity are maintained, and that there is not a reason to be-
lieve that the communications sought are relevant to a le-
gitimate 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. 
‘‘§ 3120C. Delayed notice 
‘‘(a) DELAY OF NOTIFICATION.—(1) A governmental 
entity acting under section 3120A(b) may— 
‘‘(A) where a court order is sought, include in 
the application a request, which the court shall 
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grant, for an order delaying the notification required 
under section 3120A(b) 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 author-
ized by a Federal or State statute or a Federal or 
State grand jury subpoena is obtained, delay the no-
tification required under section 3120A(b) for a pe-
riod 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 ex-
istence 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 inves-
tigation or unduly delaying a trial. 
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‘‘(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 3120A of up to ninety days each may be granted 
by the court upon application, or by certification by a gov-
ernmental entity, but only in accordance with subsection 
(b) of this section. 
‘‘(5) Upon expiration of the period of delay of notifi-
cation under paragraph (1) or (4) of this subsection, the 
governmental entity shall serve upon, or deliver by reg-
istered 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 na-
ture 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; 
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‘‘(iii) what governmental entity or court 
made the certification or determination pursu-
ant to which that delay was made; and 
‘‘(iv) which provision of this chapter al-
lowed such delay. 
‘‘(6) As used in this subsection, the term ‘supervisory 
official’ means the investigative agent in charge or assist-
ant 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 pros-
ecuting attorney or an equivalent of a prosecuting attor-
ney’s headquarters or regional office. 
‘‘(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV-
ERNMENTAL
ACCESS.—A governmental entity acting 
under section 3120A, when it is not required to notify the 
subscriber or customer under section 3120A(b)(1), or to 
the extent that it may delay such notice pursuant to sub-
section (a) of this section, may apply to a court for an 
order commanding a provider of electronic communica-
tions service or remote computing service to whom a war-
rant, 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 exist-
VerDate Mar 15 2010 
02:47 May 18, 2011
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H1823
rfrederick on DSKD9S0YB1PROD with BILLS