18 U.S.C. § 2702 : US Code - Section 2702: Voluntary disclosure of customer communications or records

Search 18 U.S.C. § 2702 : US Code - Section 2702: Voluntary disclosure of customer communications or records

      (a) Prohibitions. - Except as provided in subsection (b) or (c) -
    
        (1) a person or entity providing an electronic communication
      service to the public shall not knowingly divulge to any person
      or entity the contents of a communication while in electronic
      storage by that service; and
        (2) a person or entity providing remote computing service to
      the public shall not knowingly divulge to any person or entity
      the contents of any communication which is carried 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 service;
          (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; and

        (3) a provider of remote computing service or electronic
      communication service to the public shall not knowingly divulge a
      record or other information pertaining to a subscriber to or
      customer of such service (not including the contents of
      communications covered by paragraph (1) or (2)) to any
      governmental entity.

      (b) Exceptions for disclosure of communications. - A provider
    described in subsection (a) may divulge the contents of a
    communication - 
        (1) to an addressee or intended recipient of such communication
      or an agent of such addressee or intended recipient;
        (2) as otherwise authorized in section 2517, 2511(2)(a), or
      2703 of this title;
        (3) with the lawful consent of the originator or an addressee
      or intended 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
      service or to the protection of the rights or property of the
      provider of that service;
        (6) to the National Center for Missing and Exploited Children,
      in connection with a report submitted thereto under section
      2258A;
        (7) to a law enforcement agency - 
          (A) if the contents - 
            (i) were inadvertently obtained by the service provider;
          and
            (ii) appear to pertain to the commission of a crime; or

          [(B) Repealed. Pub. L. 108-21, title V, Sec. 508(b)(1)(A),
        Apr. 30, 2003, 117 Stat. 684]

        (8) to a governmental entity, if the provider, in good faith,
      believes that an emergency involving danger of death or serious
      physical injury to any person requires disclosure without delay
      of communications relating to the emergency.

      (c) Exceptions for Disclosure of Customer Records. - A provider
    described in subsection (a) may divulge 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)(1) or (a)(2)) - 
        (1) as otherwise authorized in section 2703;
        (2) with the lawful consent of the customer or subscriber;
        (3) as may be necessarily incident to the rendition of the
      service or to the protection of the rights or property of the
      provider of that service;
        (4) to a governmental entity, if the provider, in good faith,
      believes that an emergency involving danger of death or serious
      physical injury to any person requires disclosure without delay
      of information relating to the emergency;
        (5) to the National Center for Missing and Exploited Children,
      in connection with a report submitted thereto under section
      2258A; or
        (6) to any person other than a governmental entity.

      (d) Reporting of Emergency Disclosures. - On an annual basis, the
    Attorney General shall submit to the Committee on the Judiciary of
    the House of Representatives and the Committee on the Judiciary of
    the Senate a report containing - 
        (1) the number of accounts from which the Department of Justice
      has received voluntary disclosures under subsection (b)(8); and
        (2) a summary of the basis for disclosure in those instances
      where - 
          (A) voluntary disclosures under subsection (b)(8) were made
        to the Department of Justice; and
          (B) the investigation pertaining to those disclosures was
        closed without the filing of criminal charges.