Notes on 18 U.S.C. § 2709 : US Code - Notes

Search Notes on 18 U.S.C. § 2709 : US Code - Notes

(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100
Stat. 1867; amended Pub. L. 103-142, Nov. 17, 1993, 107 Stat. 1491;
Pub. L. 104-293, title VI, Sec. 601(a), Oct. 11, 1996, 110 Stat.
3469; Pub. L. 107-56, title V, Sec. 505(a), Oct. 26, 2001, 115
Stat. 365.)
AMENDMENTS
2001 - Subsec. (b). Pub. L. 107-56, Sec. 505(a)(1), inserted "at
Bureau headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director" after "Deputy Assistant
Director" in introductory provisions.
Subsec. (b)(1). Pub. L. 107-56, Sec. 505(a)(2), struck out "in a
position not lower than Deputy Assistant Director" after "(or his
designee" and substituted "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" for "made that -
"(A) the name, address, length of service, and toll billing
records sought are relevant to an authorized foreign
counterintelligence investigation; and
"(B) there are specific and articulable facts giving reason to
believe that the person or entity to whom the information sought
pertains is a foreign power or an agent of a foreign power as
defined in section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801); and".
Subsec. (b)(2). Pub. L. 107-56, Sec. 505(a)(3), struck out "in a
position not lower than Deputy Assistant Director" after "(or his
designee" and substituted "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." for
"made that -
"(A) the information sought is relevant to an authorized
foreign counterintelligence investigation; and
"(B) there are specific and articulable facts giving reason to
believe that communication facilities registered in the name of
the person or entity have been used, through the services of such
provider, in communication with -
"(i) an individual who is engaging or has engaged in
international terrorism as defined in section 101(c) of the
Foreign Intelligence Surveillance Act or clandestine
intelligence activities that involve or may involve a violation
of the criminal statutes of the United States; or
"(ii) a foreign power or an agent of a foreign power under
circumstances giving reason to believe that the communication
concerned international terrorism as defined in section 101(c)
of the Foreign Intelligence Surveillance Act or clandestine
intelligence activities that involve or may involve a violation
of the criminal statutes of the United States."
1996 - Subsec. (b)(1). Pub. L. 104-293 inserted "local and long
distance" before "toll billing records".
1993 - Subsec. (b). Pub. L. 103-142, Sec. 1, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
"Required Certification. - The Director of the Federal Bureau of
Investigation (or an individual within the Federal Bureau of
Investigation designated for this purpose by the Director) may
request any such information and records if the Director (or the
Director's designee) certifies in writing to the wire or electronic
communication service provider to which the request is made that -
"(1) the information sought is relevant to an authorized
foreign counterintelligence investigation; and
"(2) there are specific and articulable facts giving reason to
believe that the person or entity to whom the information sought
pertains is a foreign power or an agent of a foreign power as
defined in section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801)."
Subsec. (e). Pub. L. 103-142, Sec. 2, inserted ", and the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate," after "Senate".