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l 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. -SOURCE- (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; Pub. L. 107-56, title II, Secs. 209(2), 210, 212(b)(1), 220(a)(1), (b), Oct. 26, 2001, 115 Stat. 283, 285, 291, 292; Pub. L. 107-273, div. B, title IV, Sec. 4005(a)(2), div. C, title I, Sec. 11010, Nov. 2, 2002, 116 Stat. 1812, 1822; Pub. L. 107-296, title II, Sec. 225(h)(1), Nov. 25, 2002, 116 Stat. 2158.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by sections 209(2), 212(b)(1), 220(a)(1), (b) of Pub. L. 107-56, see Termination Date of 2001 Amendment note below. -REFTEXT- 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. -MISC1- AMENDMENTS 2002 - Subsec. (c)(1)(E). Pub. L. 107-273, Sec. 4005(a)(2), realigned margins. Subsec. (e). Pub. L. 107-296 inserted ", statutory authorization" after "subpoena". Subsec. (g). Pub. L. 107-273, Sec. 11010, added subsec. (g). 2001 - Pub. L. 107-56, Secs. 212(b)(1)(A), 224, temporarily substituted "Required disclosure of customer communications or records" for "Requirements for governmental access" in section catchline. See Termination Date of 2001 Amendment note below. Subsec. (a). Pub. L. 107-56, Secs. 209(2)(A), (B), 220(a)(1), 224, temporarily substituted "Contents of Wire or Electronic" for "Contents of Electronic" in heading and "contents of a wire or electronic" for "contents of an electronic" in two places and "using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation" for "under the Federal Rules of Criminal Procedure" in text. See Termination Date of 2001 Amendment note below. Subsec. (b). Pub. L. 107-56, Secs. 209(2)(A), 224, temporarily substituted "Contents of Wire or Electronic" for "Contents of Electronic" in heading. See Termination Date of 2001 Amendment note below. Subsec. (b)(1). Pub. L. 107-56, Secs. 209(2)(C), 220(a)(1), 224, temporarily substituted "any wire or electronic communication" for "any electronic communication" in introductory provisions and "using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation" for "under the Federal Rules of Criminal Procedure" in subpar. (A). See Termination Date of 2001 Amendment note below. Subsec. (b)(2). Pub. L. 107-56, Secs. 209(2)(C), 224, temporarily substituted "any wire or electronic communication" for "any electronic communication" in introductory provisions. See Termination Date of 2001 Amendment note below. Subsec. (c)(1). Pub. L. 107-56, Secs. 212(b)(1)(C), 220(a)(1), 224, temporarily designated subpar. (A) and introductory provisions of subpar. (B) as par. (1), substituted "A governmental entity may require a provider of electronic communication service or remote computing service to" for "(A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may" and a closing parenthesis for provisions which began with "covered by subsection (a) or (b) of this section) to any person other than a governmental entity." in former subpar. (A) and ended with "(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", redesignated clauses (i) to (iv) of former subpar. (B) as subpars. (A) to (D), respectively, substituted "using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation" for "under the Federal Rules of Criminal Procedure" in subpar. (A) and "; or" for period at end of subpar. (D), added subpar. (E), and redesignated former subpar. (C) as par. (2). See Termination Date of 2001 Amendment note below. Subsec. (c)(2). Pub. L. 107-56, Sec. 210, amended par. (2), as redesignated by section 212 of Pub. L. 107-56, by substituting "entity the - " for "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" in introductory provisions, inserting subpars. (A) to (F), striking out "and the types of services the subscriber or customer utilized," before "when the governmental entity uses an administrative subpoena", inserting "of a subscriber" at beginning of concluding provisions and designating "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)." as remainder of concluding provisions. Pub. L. 107-56, Secs. 212(b)(1)(C)(iii), (D), 224, temporarily redesignated subpar. (C) of par. (1) as par. (2) and temporarily substituted "paragraph (1)" for "subparagraph (B)". See Termination Date of 2001 Amendment note below. Pub. L. 107-56, Secs. 212(b)(1)(B), 224, temporarily redesignated par. (2) as (3). See Termination Date of 2001 Amendment note below. Subsec. (c)(3). Pub. L. 107-56, Secs. 212(b)(1)(B), 224, temporarily redesignated par. (2) as (3). See Termination Date of 2001 Amendment note below. Subsec. (d). Pub. L. 107-56, Secs. 220(b), 224, temporarily struck out "described in section 3127(2)(A)" after "court of competent jurisdiction". See Termination Date of 2001 Amendment note below. 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". EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. TERMINATION DATE OF 2001 AMENDMENT Amendment by sections 209(2), 212(b)(1), 220(a)(1), (b) of Pub. L. 107-56 to cease to have effect Dec. 31, 2005, except amendment to continue in effect with respect to any particular foreign intelligence investigation that began before Dec. 31, 2005, or with respect to any particular offense or potential offense that began or occurred before Dec. 31, 2005, see section 224 of Pub. L. 107-56, set out as a note under section 2510 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2701, 2702, 2704, 2705, 2706, 2707, 3486 of this title. -FOOTNOTE- (!1) So in original. The word "or" probably should not appear. -End- -CITE- 18 USC Sec. 2704 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS -HEAD- Sec. 2704. Backup preservation -STATUTE- (a) Backup Preservation. - (1) A governmental entity acting under section 2703(b)(2) may include in its subpoena or court order a requirement that the service provider to whom the request is directed create a backup copy of the contents of the electronic communications sought in order to preserve those communications. Without notifying the subscriber or customer of such subpoena or court order, such service provider shall create such backup copy as soon as practicable consistent with its regular business practices and shall confirm to the governmental entity that such backup copy has been made. Such backup copy shall be created within two business days after receipt by the service provider of the subpoena or court order. (2) Notice to the subscriber or customer shall be made by the governmental entity within three days after receipt of such confirmation, unless such notice is delayed pursuant to section 2705(a). (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 proceeding) concerning the government's subpoena or court order. (4) The service provider shall release such backup copy to the requesting governmental entity no sooner than fourteen days after the governmental entity's notice to the subscriber or customer if such service provider - (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 governmental entity. (5) A governmental entity may seek to require the creation of a backup copy under subsection (a)(1) of this section if in its sole discretion such entity determines that there is reason to believe that notification under section 2703 of this title of the existence of the subpoena or court order may result in destruction of or tampering with evidence. This determination is not subject to challenge by the subscriber or customer or service provider. (b) Customer Challenges. - (1) Within fourteen days after notice by the governmental entity to the subscriber or customer under subsection (a)(2) of this section, such subscriber or customer may file a motion to quash such subpoena or vacate such court order, with copies served upon 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 United States district court or State court. Such motion or application shall contain an affidavit or sworn statement - (A) stating that the applicant is a customer or subscriber to the service from which the contents of electronic communications maintained for him have been sought; and (B) stating the applicant's reasons for believing that the records sought are not relevant to a legitimate law enforcement inquiry 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 in the notice which the customer has received pursuant to this chapter. For the purposes of this section, the term "delivery" has the meaning given that term in the Federal Rules of Civil Procedure. (3) If the court finds that the customer has complied with paragraphs (1) and (2) of this subsection, the court shall order the governmental entity to file a sworn response, which may be filed in camera if the governmental entity includes in its response the reasons which make in camera review appropriate. If 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 governmental entity are maintained, or that there is a reason to believe that the law enforcement inquiry is legitimate and that the communications sought are relevant to that inquiry, it shall deny the motion or application and order such process enforced. If the court finds that the applicant is the subscriber or 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 section shall not be deemed a final order and no interlocutory appeal may be taken therefrom by the customer. -SOURCE- (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat. 1863.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2701, 2706 of this title. -End- -CITE- 18 USC Sec. 2705 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS -HEAD- Sec. 2705. Delayed notice -STATUTE- (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 request, which the court shall grant, for an order delaying the notification required under section 2703(b) of this title for a period not to exceed ninety days, if the court determines that 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 paragraph (2) of this subsection. (2) An adverse result for the purposes of paragraph (1) of this subsection is - (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 delaying a trial. (3) The governmental entity shall

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