18 U.S.C. § 2705 : US Code - Section 2705: Delayed notice

Search 18 U.S.C. § 2705 : US Code - Section 2705: Delayed notice

      (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 maintain a true copy of
    certification under paragraph (1)(B).
      (4) Extensions of the delay of notification provided in section
    2703 of up to ninety days each may be granted by the court upon
    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
    paragraph (1) or (4) of this subsection, the governmental entity
    shall serve upon, or deliver by registered or first-class mail 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 supplied to or requested by that governmental
        authority and the date on which the supplying or request took
        place;
          (ii) that notification of such customer or subscriber was
        delayed;
          (iii) what governmental entity or court made the
        certification or determination pursuant to which that delay was
        made; and
          (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 investigative
    agent in charge or an equivalent of an investigating 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 headquarters or regional office.
      (b) Preclusion of Notice to Subject of Governmental Access. - A
    governmental entity acting under section 2703, when it is not
    required to notify the subscriber or customer under section
    2703(b)(1), or to the extent that it may delay such notice pursuant
    to subsection (a) of this section, may apply to a court for an
    order commanding a provider of electronic communications service or
    remote computing service to whom a warrant, subpoena, 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 such an order if it
    determines that there is reason to believe that notification of the
    existence of the warrant, subpoena, or court order will result 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
      delaying a trial.