Notes on 18 U.S.C. § 2703 : US Code - Notes

Search Notes on 18 U.S.C. § 2703 : US Code - Notes

(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; Pub. L. 109-162, title XI, Sec.
1171(a)(1), Jan. 5, 2006, 119 Stat. 3123.)
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.
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
2006 - Subsec. (c)(1)(C). Pub. L. 109-162 struck out "or" at end.
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 Feb. 3, 2006, except amendment to
continue in effect with respect to any particular foreign
intelligence investigation that began before Feb. 3, 2006, or with
respect to any particular offense or potential offense that began
or occurred before Feb. 3, 2006, see section 224 of Pub. L. 107-56,
set out as a note under section 2510 of this title.