18 U.S.C. § 2709 : US Code - Section 2709: Counterintelligence access to telephone toll and transactional records

Search 18 U.S.C. § 2709 : US Code - Section 2709: Counterintelligence access to telephone toll and transactional records

      (a) Duty to Provide. - A wire or electronic communication service
    provider shall comply with a request for subscriber information and
    toll billing records information, or electronic communication
    transactional records in its custody or possession made by the
    Director of the Federal Bureau of Investigation under subsection
    (b) of this section.
      (b) Required Certification. - The Director of the Federal Bureau
    of Investigation, or his designee in a position not lower than
    Deputy Assistant Director at Bureau headquarters or a Special Agent
    in Charge in a Bureau field office designated by the Director, may -
     
        (1) request the name, address, length of service, and local and
      long distance toll billing records of a person or entity if the
      Director (or his designee) certifies in writing to the wire or
      electronic communication service provider to which the request is
      made that the name, address, length of service, and toll billing
      records sought are relevant to an authorized investigation to
      protect against international terrorism or clandestine
      intelligence activities, provided that such an investigation of a
      United States person is not conducted solely on the basis of
      activities protected by the first amendment to the Constitution
      of the United States; and
        (2) request the name, address, and length of service of a
      person or entity if the Director (or his designee) certifies in
      writing to the wire or electronic communication service provider
      to which the request is made that the information sought is
      relevant to an authorized investigation to protect against
      international terrorism or clandestine intelligence activities,
      provided that such an investigation of a United States person is
      not conducted solely upon the basis of activities protected by
      the first amendment to the Constitution of the United States.

      (c) Prohibition of Certain Disclosure. - 
        (1) If the Director of the Federal Bureau of Investigation, or
      his designee in a position not lower than Deputy Assistant
      Director at Bureau headquarters or a Special Agent in Charge in a
      Bureau field office designated by the Director, certifies that
      otherwise there may result a danger to the national security of
      the United States, interference with a criminal,
      counterterrorism, or counterintelligence investigation,
      interference with diplomatic relations, or danger to the life or
      physical safety of any person, no wire or electronic
      communications service provider, or officer, employee, or agent
      thereof, shall disclose to any person (other than those to whom
      such disclosure is necessary to comply with the request or an
      attorney to obtain legal advice or legal assistance with respect
      to the request) that the Federal Bureau of Investigation has
      sought or obtained access to information or records under this
      section.
        (2) The request shall notify the person or entity to whom the
      request is directed of the nondisclosure requirement under
      paragraph (1).
        (3) Any recipient disclosing to those persons necessary to
      comply with the request or to an attorney to obtain legal advice
      or legal assistance with respect to the request shall inform such
      person of any applicable nondisclosure requirement. Any person
      who receives a disclosure under this subsection shall be subject
      to the same prohibitions on disclosure under paragraph (1).
        (4) At the request of the Director of the Federal Bureau of
      Investigation or the designee of the Director, any person making
      or intending to make a disclosure under this section shall
      identify to the Director or such designee the person to whom such
      disclosure will be made or to whom such disclosure was made prior
      to the request, except that nothing in this section shall require
      a person to inform the Director or such designee of the identity
      of an attorney to whom disclosure was made or will be made to
      obtain legal advice or legal assistance with respect to the
      request under subsection (a).

      (d) Dissemination by Bureau. - The Federal Bureau of
    Investigation may disseminate information and records obtained
    under this section only as provided in guidelines approved by the
    Attorney General for foreign intelligence collection and foreign
    counterintelligence investigations conducted by the Federal Bureau
    of Investigation, and, with respect to dissemination to an agency
    of the United States, only if such information is clearly relevant
    to the authorized responsibilities of such agency.
      (e) Requirement That Certain Congressional Bodies Be Informed. -
    On a semiannual basis the Director of the Federal Bureau of
    Investigation shall fully inform the Permanent Select Committee on
    Intelligence of the House of Representatives and the Select
    Committee on Intelligence of the Senate, and the Committee on the
    Judiciary of the House of Representatives and the Committee on the
    Judiciary of the Senate, concerning all requests made under
    subsection (b) of this section.
      (f) Libraries. - A library (as that term is defined in section
    213(1) of the Library Services and Technology Act (20 U.S.C.
    9122(1)), the services of which include access to the Internet,
    books, journals, magazines, newspapers, or other similar forms of
    communication in print or digitally by patrons for their use,
    review, examination, or circulation, is not a wire or electronic
    communication service provider for purposes of this section, unless
    the library is providing the services defined in section 2510(15)
    ("electronic communication service") of this title.