resentation to the named customer or sub-
scriber, that is not likely to result in an 
adverse result as described in subclauses 
(I) through (V) of subparagraph (A)(i); 
and 
‘‘(iii) the court has reviewed the indi-
vidual warrant, order, or subpoena under 
section 2703 to which the order issued 
under this paragraph applies. 
‘‘(B) NATURE OF THE OFFENSE.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the court may consider the nature of 
the offense in issuing a determination 
under subparagraph (A). 
‘‘(ii) PRESUMPTION.—If the court de-
termines there is a reasonable belief the 
nature of the offense pertains to child por-
nography, as defined in section 2256, or 
sexual exploitation of children, as described 
in section 2251, or any Federal, including 
military, State, or tribal offense that is the 
substantial equivalent, the court may pre-
sume that one or more of the adverse re-
sults described in subclauses (I) through 
(V) of subparagraph (A)(i) are met and 
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may issue an order consistent with this 
subsection without a written decision under 
subparagraph (A)(i). 
‘‘(3) EXTENSION.—A governmental entity may 
request one or more extensions of an order granted 
under paragraph (2) of not more than 90 days for 
each such extension. The court may only grant such 
an extension if the court makes a written determina-
tion required under paragraph (2)(A). 
‘‘(4) 
NOTIFICATION
OF
CHANGED
CIR-
CUMSTANCES.—If the need for the order issued 
under paragraph (2) changes materially, the govern-
mental entity that requested the order shall notify 
the court within a reasonable period of time (not to 
exceed 14 days) of the changed circumstances, and 
the court shall reassess the order and modify or va-
cate as appropriate. 
‘‘(5) OPPORTUNITY TO BE HEARD.— 
‘‘(A) IN GENERAL.—Upon an application, 
petition, or motion by a provider of electronic 
communications service or remote computing 
service or person acting on behalf of the pro-
vider to which an order under paragraph (2) 
(or an extension under paragraph (3)) has been 
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issued, the court may modify or vacate the 
order if— 
‘‘(i) the order does not meet require-
ments provided in paragraph (2) or (3); or 
‘‘(ii) compliance with the order is un-
reasonable or otherwise unlawful. 
‘‘(B) STAY
OF
DISCLOSURE
OF
NAMED 
CUSTOMER
OR
SUBSCRIBER
COMMUNICATIONS 
OR RECORDS.—A provider’s obligation to dis-
close the information requested in the warrant, 
order, or subpoena to which the order in para-
graph (1) applies is stayed upon the filing of 
the application, petition, or motion under this 
paragraph pending resolution of the application, 
petition, or motion, unless the court with juris-
diction over the challenge determines based on 
a showing by the governmental entity that the 
stay should be lifted in whole or in part prior 
to resolution. 
‘‘(C) FINALITY OF ORDER.—The decision 
of the court resolving an application, petition, 
or motion under this paragraph shall constitute 
a final, appealable order. 
‘‘(6) EXCEPTION.—A provider of electronic 
communications service or remote computing service 
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to which an order under paragraph (2) applies, or 
an officer, employee, or agent thereof, may disclose 
information otherwise subject to any applicable non-
disclosure requirement to— 
‘‘(A) those persons to whom disclosure is 
necessary in order to comply with the warrant, 
order, or subpoena; 
‘‘(B) an attorney in order to obtain legal 
advice or assistance regarding the order issued 
under paragraph (2) or the warrant, order, or 
subpoena to which the order applies; and 
‘‘(C) any person the court determines can 
be notified of the warrant, order, or subpoena. 
‘‘(7) SCOPE OF NONDISCLOSURE.—Any person 
to whom disclosure is made under paragraph (6) 
(other than the governmental entity) shall be subject 
to the nondisclosure requirements applicable to the 
person to whom the order is issued. Any recipient 
authorized under this subsection to disclose to a per-
son information otherwise subject to a nondisclosure 
requirement shall notify the person of the applicable 
nondisclosure requirement. 
‘‘(8) 
SUPPORTING
DOCUMENTATION.—Upon 
serving a provider of electronic communications serv-
ice or remote computing service with an order grant-
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ed under paragraph (2), or an extension of such 
order granted under paragraph (3), the govern-
mental entity shall include a copy of the warrant, 
order, or subpoena to which the nondisclosure order 
applies. 
‘‘(9) EXPIRATION OF ORDER PRECLUDING NO-
TICE.—Upon expiration of an order issued under 
paragraph (2) or, if an extension has been granted 
under paragraph (3), expiration of the extension, the 
governmental entity shall deliver to the named cus-
tomer or subscriber, by at least 2 methods, which 
shall be personal service, registered or first-class 
mail, electronic mail, or other means approved by 
the court as reasonably calculated to reach the 
named customer or subscriber within 5 business 
days of the expiration of the order— 
‘‘(A) a copy of the warrant, order, or sub-
poena; and 
‘‘(B) notice that informs the named cus-
tomer or subscriber— 
‘‘(i) of the nature of the law enforce-
ment inquiry with reasonable specificity; 
‘‘(ii) that information maintained for 
such customer or subscriber by the pro-
vider of electronic communications service 
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or remote computing service to which the 
warrant, order, or subpoena under section 
2703, was directed was supplied to or re-
quested by the government entity; 
‘‘(iii) that notification of such cus-
tomer or subscriber was precluded by court 
order; 
‘‘(iv) of the identity of the court au-
thorizing the preclusion of notice; 
‘‘(v) of the provision of this chapter 
under which the preclusion of notice was 
authorized; and 
‘‘(vi) that the government will, upon 
request by the customer or subscriber 
made within 180 days after receiving noti-
fication under this paragraph, provide the 
named customer or subscriber with a copy 
of the information that was disclosed in re-
sponse to the warrant, order, or subpoena, 
or in the event that no information was 
disclosed, a written certification that no in-
formation was disclosed. 
‘‘(10) COPY
OF
INFORMATION
DISCLOSED.— 
Upon expiration of the order precluding notice 
issued under paragraph (2) or (3) of this subsection, 
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