(3) with the lawful consent of the originator or an addressee or
ntended 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
(6) 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.
(a) CONTENTS OF ELECTRONIC COMMUNICATIONS IN ELECTRONIC
STORAGE.-- A governmental entity may require the disclosure by a
an 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 under the Federal
Rules of Criminal Procedure or equivalent State warrant. A
electronic communications services of the contents of an
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
/* The following sections directly relate to BBS systems. */
(b) CONTENTS OF 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 electronic
communication to which this paragraph is made applicable by
(A) without required notice to the subscriber or customer, if the
Rules of Criminal Procedure or equivalent State warrant; or
(B) with prior notice from the governmental entity to the
(i) uses an administrative subpoena authorized by a Federal or
State statute or a Federal or State grand jury 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 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
communications for purposes of providing any services other than
(c) RECORDS CONCERNING ELECTRONIC COMMUNICATION SERVICE OR REMOTE
COMPUTING SERVICE.--
(1) (A) Except as provided in subparagraph (B), a provider of
electronic communication service or remote computing service may
to or customer of such service (not including the contents of
communications covered by subsection (a) or (b) of this section)
to any person other than a governmental entity.
(B) A provider of electronic communication service or remote
computing service shall disclose a record or other information
ncluding the contents of communications covered by subsection
(a) or (b) of this section) to a governmental entity only when
the governmental entity--
(i) uses an administrative subpoena authorized by a Federal or
State statute, or a Federal or State grand jury subpoena;
(ii) obtains a warrant issued under the Federal Rules of Criminal
(iii) obtains a court order for such disclosure under subsection
(d) of this section; or
(iv) has the consent of the subscriber or customer to such
(2) 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) of this section 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. 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
quash or modify such order, if the information or records
(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,
ts officers, employees, agents, or other specified persons for
certification under this chapter.
(a) BACKUP PRESERVATION.--
(1) A governmental entity acting under section 2703(b)(2) may
nclude in its subpoena or court order a requirement that the
copy of the contents of the electronic communications sought in
order to preserve those communications. Without notifying the
business days after receipt by the service provider of the
(2) Notice to the subscriber or customer shall be made by the
confirmation, unless such notice is delayed pursuant to section
(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
(4) The service provider shall release such backup copy to the
the governmental entity's notice to the subscriber or customer if
(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
(5) A governmental entity may seek to require the creation of a
backup copy under subsection (a)(1) of this section if in its
believe that notification under section 2703 of this title of the
existence of the subpoena or court order may result in
not subject to challenge by the subscriber or customer or service
(b) CUSTOMER CHALLENGES.--
(1) Within fourteen days after notice by the governmental entity
to the subscriber or customer under subsection (a)(2) of this
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 Unites States
contain an affidavit or sworn statement--
(A) stating that the applicant is a customer or subscriber to the
maintained for him have been sought; and
(B) stating the applicant's reasons for believing that the
nquiry 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
n the notice which the customer has received pursuant to this
chapter. For the purposes of this section, the term "delivery"
(3) If the court finds that the customer has complied with
the governmental entity to file a sworn response, which may be
filed in camera if the governmental entity includes in its
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
believe that the law enforcement inquiry is legitimate and that
the communications sought are relevant to that inquiry, it shall
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
appeal may be taken therefrom by the customer.
(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
notification required under section 2703(b) of this title for a
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
(2) An adverse result for the purposes of paragraph (1) of this
(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
(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
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
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
(ii) that notification of such customer or subscriber was delayed;
(iii) what governmental entity or court made the certification or
(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
nvestigative agent in charge or an equivalent of an
nvestigating 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
(b) PRECLUSION OF NOTICE TO SUBJECT OF GOVERNMENTAL ACCESS.-- A
for an order commanding a provider of electronic communications
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
that notification of the existence of the warrant, subpoena, or
court order will results 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
(a) PAYMENT.-- Except as otherwise provided in subsection (c), a
of this title shall pay to the person or entity assembling or
as are reasonably necessary and which have been directly incurred
n searching for, assembling, reproducing, or otherwise providing
costs due to necessary disruption of normal operations of any
electronic communication service or remote computing service in
(b) AMOUNT.-- The amount of the fee provided by subsection (a)
agreement, shall be as determined by the court which issued the
order for production of such information (or the court before
be brought, if no court order was issued for production of the
nformation).
(c) 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
this title. The court may, however, order a payment as described
n subsection (a) if the court determines the information
undue burden on the provider.
(a) CAUSE OF ACTION.-- Except as provided in section 2703(e), any
customer 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 which engaged in that violation such relief
as may be appropriate.
(b) RELIEF.-- In a civil action under this section, appropriate
(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
(c) DAMAGES.-- The court may assess as damages in a civil action
under this section the sum of the actual damages suffered by the
violation, but in no case shall a person entitled to recover
(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 enforcement officer
under section 2518(7) of this title; or
(3) a good faith determination that section 2511(3) of this title
s a complete defense to any civil or criminal action brought
under this chapter or any other law.
(e) 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
The remedies and sanctions described in this chapter are the only
of this chapter.
transactional records
(a) DUTY TO PROVIDE.-- A wire or electronic communication service
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 an individual within the Federal Bureau of
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
Act of 1978 (50 U.S.C. 1801).
(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
(d) DISSEMINATION BY BUREAU.-- The Federal Bureau of
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
(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL BODIES BE INFORMED.--
On a semiannual basis the Director of the Federal Bureau of
on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate concerning all requests
made under subsection (b) of this section.
As used in this chapter -
(1) the terms defined in section 2510 of this title have,
and
(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.
CHAPTER 205-SEARCHES AND SEIZURES
Sec. 3101. Effect of rules of court--Rules
(a). IN GENERAL.--If a court is empowered to issue a warrant or
other order for the installation of a mobile tracking device,
(b). DEFINITION.--As used in this section, the term "tracking
the tracking of the movement of a person or object.
CHAPTER 206-PEN REGISTERS AND TRAP TRACE DEVICES
Sec.
trace device.
trap and trace device.
(a) In General.-Except as provided in this section, no person may
nstall or use a pen register or a trap and trace device without
first obtaining a court order under section 3123 of this title or
under the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
(b) Exception.-The prohibition of subsection (a) does not apply
(1) relating to the operation, maintenance, and testing of a wire
or electronic communication service or to the protection of the
users of that service from abuse of service or unlawful use of
(2) to record the fact that a wire or electronic communication
another provider furnishing service toward the completion of the
unlawful or abusive use of service; or with the consent of the
user of that service.
(c) Penalty.-Whoever knowingly violates subsection (a) shall be
fined under this title or imprisoned not more than one year, or
both.
trace device
(a) Application.-
(1) An attorney for the Government may make application for an
order or an extension of an order under section 3123 of this
title authorizing or approving the installation and use of a pen
competent jurisdiction.
(2) Unless prohibited by State law, a State investigative law
enforcement officer may make application for an order or an
extension of an order under section 3123 of this title
authorizing or approving the installation and use of a pen
competent jurisdiction of such State.
(b) Contents Of Application. - An application under subsection
(a) of this section shall include-
(1) the identity of the attorney for the Government or the State
law enforcement or investigative officer making the application
and the identity of the law enforcement agency conducting the
nvestigation; and
(2) a certification by the applicant that the information likely
to be obtained is relevant to an ongoing criminal investigation
being conducted by that agency.
trace device
(a) In General.-Upon an application made under section 3122 of
this title, the court shall enter an ex parte order authorizing
the installation and use of a pen register or a trap and trace
that the attorney for the Government or the State law enforcement
or investigative officer has certified to the court that the
nformation likely to be obtained by such installation and use is
(b) Contents Of Order.-An order issued under this section-
(1) shall specify-
(A) the identity, if known, of the person to whom is leased or in
or trap and trace device is to be attached;
(B) the identity, if known, of the person who is the subject of
the criminal investigation;
(C) the number and, if known, physical location of the telephone
line to which the pen register or trap and trace device is to be
attached and, in the case of a trap and trace device, the
(D) a statement of the offense to which the information likely to
be obtained by the pen register or trap and trace device relates;
and
(2) shall direct, upon the request of the applicant, the
furnishing of information, facilities, and technical assistance
necessary to accomplish the installation of the pen register or
trap and trace device under section 3124 of this title.
(c) Time Period And Extensions.-
(1) An order issued under this section shall authorize the
nstallation and use of a pen register or a trap and trace device
for a period not to exceed sixty days.
(2) Extensions of such an order may be granted, but only upon an
application for an order under section 3122 of this title and
upon the judicial finding required by subsection (a) of this
exceed sixty days.
(d) Nondisclosure Of Existence Of Pen Register Or A Trap And
Trace Device.-An order authorizing or approving the installation
and use of a pen register or a trap and trace device shall direct
that-
(1) the order be sealed until otherwise ordered by the court; and
(2) the person owning or leasing the line to which the pen
ordered by the court to provide assistance to the applicant, not
ordered by the court.
trap and trace device
(a) Pen Registers.-Upon the request of an attorney for the
Government or an officer of a law enforcement agency authorized
to install and use a pen register under this chapter, a provider
of wire or electronic communication service, landlord, custodian,
or other person shall furnish such investigative or law
enforcement officer forthwith all information, facilities, and
technical assistance necessary to accomplish the installation of
the pen register unobtrusively and with a minimum of interference
the party with respect to whom the installation and use is to
take place, if such assistance is directed by a court order as
(b) Trap And Trace Device.-Upon the request of an attorney for
the Government or an officer of a law enforcement agency
authorized to receive the results of a trap and trace device
under this chapter, a provider of a wire or electronic
communication service, landlord, custodian, or other person shall
nstall such device forthwith on the appropriate line and shall
furnish such investigative or law enforcement officer all
additional information, facilities and technical assistance
ncluding installation and operation of the device unobtrusively
and with a minimum of interference with the services that the
nstallation and assistance is directed by a court order as
ordered by the court, the results of the trap and trace device
business hours for the duration of the order.
(c) Compensation.-A provider of a wire or electronic
communication service, landlord, custodian, or other person who
furnishes facilities or technical assistance pursuant to this
expenses incurred in providing such facilities and assistance.
(d) 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 a wire or electronic communication
accordance with the terms of a court order under this chapter.
(e) Defense.-A good faith reliance on a court order, a
legislative authorization, or a statutory authorization is a
complete defense against any civil or criminal action brought
under this chapter or any other law.
The Attorney General shall annually report to Congress on the
number of pen register orders and orders for trap and trace
of Justice.
As used in this chapter-
(1) the terms "wire communication", "electronic communication",
and "electronic communication service" have the meanings set
forth for such terms in section 2510 of this title;
(2) the term "court of competent jurisdiction" means-
(A) a district court of the United States (including a magistrate
of such a court) or a United States Court of Appeals; or
(B) a court of general criminal jurisdiction of a State
authorized by the law of that State to enter orders authorizing
the use of a pen register or a trap and trace device;
(3) the term "pen register" means a device which records or
communication service for billing, or recording as an incident to
billing, for communications services provided by such provider or
any device used by a provider or customer of a wire communication
ordinary course of its business;
(4) the term "trap and trace" device means a device which
captures the incoming electronic or other impulses which identify
the originating number of an instrument or device from which a
(5) the term "attorney for the Government" has the meaning given
(6) the term "State" means a State, the District of Columbia,
States.
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