
 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL 
                             RECORDS ACCESS
 
Sec. 2703. Requirements for governmental access

    (a) Contents of Electronic Communications in Electronic Storage.--A 
governmental entity may require the disclosure by a provider of 
electronic communication service of the contents of 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 governmental entity may require 
the disclosure by a provider of 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 
section.
    (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 paragraph 
(2) of this subsection--
        (A) without required notice to the subscriber or customer, if 
    the governmental entity obtains a warrant issued under the Federal 
    Rules of Criminal Procedure 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 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) Except as provided in subparagraph (B), a 
provider of electronic communication service or remote computing service 
may disclose a record or other information pertaining to a subscriber 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 
pertaining to a subscriber to or customer of such service (not including 
the contents of communications covered by subsection (a) or (b) of this 
section) to a governmental entity only when the governmental entity--
        (i) obtains a warrant issued under the Federal Rules of Criminal 
    Procedure or equivalent State warrant;
        (ii) obtains a court order for such disclosure under subsection 
    (d) of this section;
        (iii) has the consent of the subscriber or customer to such 
    disclosure; or
        (iv) 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).

    (C) A provider of electronic communication service or remote 
computing service shall disclose to a governmental entity the name, 
address, local and long distance telephone toll billing records, 
telephone number or other subscriber number or identity, and length of 
service of a subscriber to or customer of such service and the types of 
services the subscriber or customer utilized, 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 subparagraph (B).
    (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) may be issued by any court that is a court 
of competent jurisdiction described in section 3127(2)(A) 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, 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.

(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat. 
1861; amended Pub. L. 100-690, title VII, Secs. 7038, 7039, Nov. 18, 
1988, 102 Stat. 4399; Pub. L. 103-322, title XXXIII, Sec. 330003(b), 
Sept. 13, 1994, 108 Stat. 2140; Pub. L. 103-414, title II, Sec. 207(a), 
Oct. 25, 1994, 108 Stat. 4292; Pub. L. 104-132, title VIII, Sec. 804, 
Apr. 24, 1996, 110 Stat. 1305; Pub. L. 104-293, title VI, Sec. 601(b), 
Oct. 11, 1996, 110 Stat. 3469; Pub. L. 104-294, title VI, Sec. 605(f), 
Oct. 11, 1996, 110 Stat. 3510; Pub. L. 105-184, Sec. 8, June 23, 1998, 
112 Stat. 522.)

                       References in Text

    The Federal Rules of Criminal Procedure, referred to in subsecs. 
(a), (b)(1)(A), and (c)(1)(B)(i), are set out in the Appendix to this 
title.


                               Amendments

    1998--Subsec. (c)(1)(B)(iv). Pub. L. 105-184 added cl. (iv).
    1996--Subsec. (c)(1)(C). Pub. L. 104-293 inserted ``local and long 
distance'' after ``address,''.
    Subsec. (d). Pub. L. 104-294 substituted ``in section 3127(2)(A)'' 
for ``in section 3126(2)(A)''.
    Subsec. (f). Pub. L. 104-132 added subsec. (f).
    1994--Subsec. (c)(1)(B). Pub. L. 103-414, Sec. 207(a)(1)(A), 
redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and struck 
out former cl. (i) which read as follows: ``uses an administrative 
subpoena authorized by a Federal or State statute, or a Federal or State 
grand jury or trial subpoena;''.
    Subsec. (c)(1)(C). Pub. L. 103-414, Sec. 207(a)(1)(B), added subpar. 
(C).
    Subsec. (d). Pub. L. 103-414, Sec. 207(a)(2), amended first sentence 
generally. Prior to amendment, first sentence read as follows: ``A court 
order for disclosure under subsection (b) or (c) of this section may be 
issued by any court that is a court of competent jurisdiction set forth 
in section 3127(2)(A) of this title and 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.''
    Pub. L. 103-322 substituted ``section 3127(2)(A)'' for ``section 
3126(2)(A)''.
    1988--Subsecs. (b)(1)(B)(i), (c)(1)(B)(i). Pub. L. 100-690, 
Sec. 7038, inserted ``or trial'' after ``grand jury''.
    Subsec. (d). Pub. L. 100-690, Sec. 7039, inserted ``may be issued by 
any court that is a court of competent jurisdiction set forth in section 
3126(2)(A) of this title and'' before ``shall issue''.

                  Section Referred to in Other Sections

    This section is referred to in sections 2701, 2702, 2704, 2705, 
2706, 2707 of this title.
