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U.S. Code as of:
01/19/04
Section 2709. Counterintelligence access to telephone toll and transactional records
(a) Duty to Provide. - A wire or electronic communication service
provider shall comply with a request for subscriber information and
toll billing records information, or electronic communication
transactional records in its custody or possession made by the
Director of the Federal Bureau of Investigation under subsection
(b) of this section.
(b) Required Certification. - The Director of the Federal Bureau
of Investigation, or 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
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(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. - No wire or electronic
communication service provider, or officer, employee, or agent
thereof, shall disclose to any person that the Federal Bureau of
Investigation has sought or obtained access to information or
records under this section.
(d) Dissemination by Bureau. - The Federal Bureau of
Investigation may disseminate information and records obtained
under this section only as provided in guidelines approved by the
Attorney General for foreign intelligence collection and foreign
counterintelligence investigations conducted by the Federal Bureau
of Investigation, and, with respect to dissemination to an agency
of the United States, only if such information is clearly relevant
to the authorized responsibilities of such agency.
(e) Requirement That Certain Congressional Bodies Be Informed. -
On a semiannual basis the Director of the Federal Bureau of
Investigation shall fully inform the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate, 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.
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