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U.S. Code as of:
01/19/04
Section 2703. Required disclosure of customer communications or records
(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; or (!1)
(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.
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