lar business practices and shall confirm to the governmental entity that such backup copy has been made. Such backup copy shall be created within two business days after receipt by the service provider of the subpoena or court order. (2) Notice to the subscriber or customer shall be made by the governmental entity within three days after receipt of such confirmation, unless such notice is delayed pursuant to section 2705(a). (3) The service provider shall not destroy such backup copy until the later of— (A) the delivery of the information; or (B) the resolution of any proceedings (including appeals of any proceeding) concerning the government's subpoena or court order. (4) The service provider shall release such backup copy to the requesting governmental entity no sooner than fourteen days after the governmental entity's notice to the subscriber or customer if such service provider (A) has not received notice from the subscriber or customer that the subscriber or customer has challenged the governmental entity's request; and (B) has not initiated proceedings to challenge the request of the governmental entity. (5) A governmental entity may seek to require the creation of a backup copy under subsection (a)(1) of this section if in its sole discretion such entity determines that there is reason to believe that notification under section 2703 of this title of the existence of the subpoena or court order may result in destruction of or tampering with evidence. This determination is not subject to challenge by the subscriber or customer or service provider. (b) CUSTOMER CHALLENGES.-(1) Within fourteen days after notice by the governmental entity to the subscriber or customer under subsection (a)(2) of this section, such subscriber or customer may file a motion to quash such subpoena or vacate such court order, with copies served upon the governmental entity and with written notice of such challenge to the service provider. A motion to vacate a court order shall be filed in the court which issued such order. A motion to quash a subpoena shall be filed in the appropriate United States district court or State court. Such motion or application shall contain an affidavit or sworn statement (A) stating that the applicant is a customer or subscriber to the service from which the contents of electronic communications maintained for him have been sought; and (B) stating the applicant's reasons for believing that the records sought are not relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this chapter in some other respect. (2) Service shall be made under this section upon a governmental entity by delivering or mailing by registered or certified mail a copy of the papers to the person, office, or department specified in the notice which the customer has received pursuant to this chapter. For the purposes of this section, the term "delivery" has the meaning given that term in the Federal Rules of Civil Procedure. (3) If the court finds that the customer has complied with paragraphs (1) and (2) of this subsection, the court shall order the governmental entity to file a sworn response, which may be filed in camera if the governmental entity includes in its response the reasons which make in camera review appropriate. If the court is unable to determine the motion or application on the basis of the parties' initial allegations and response, the court may conduct such additional proceedings as it deems appropriate. All such proceedings shall be completed and the motion or application decided as soon as practicable after the filing of the governmental entity's response. (4) If the court finds that the applicant is not the subscriber or customer for whom the communications sought by the governmental entity are maintained, or that there is a reason to believe that the law enforcement inquiry is legitimate and that the communications sought are relevant to that inquiry, it shall deny the motion or application and order such process enforced. If the court finds that the applicant is the subscriber or customer for whom the communications sought by the governmental entity are maintained, and that there is not a reason to believe that the communications sought are relevant to a legitimate law enforcement inquiry, or that there has not been substantial compliance with the provisions of this chapter, it shall order the process quashed. (5) A court order denying a motion or application under this section shall not be deemed a final order and no interlocutory appeal may be taken therefrom by the customer. (Added Pub. L. 99-508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1863.) REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2701, 2706 of this title. § 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 notifica tion 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. (Added Pub. L. 99-508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1864.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2703, 2704 of this title. § 2706. Cost reimbursement (a) PAYMENT.-Except as otherwise provided in subsection (c), a governmental entity obtaining the contents of communications, records, or other information under section 2702, 2703, or 2704 of this title shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored. (b) AMOUNT.-The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information (or the court before which a criminal prosecution relating to such information would be brought, if no court order was issued for production of the information). (c) EXCEPTION.-The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under section 2703 of this title. The court may, however, order a payment as described in subsection (a) if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider. (Added Pub. L. 99-508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1866, and amended Pub. L. 100-690, title VII, § 7061, Nov. 18, 1988, 102 Stat. 4404.) AMENDMENTS 1988-Subsec. (c). Pub. L. 100-690 inserted heading. § 2707. Civil action (a) CAUSE OF ACTION.-Except as provided in section 2703(e), any provider of electronic communication service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as may be appropriate. (b) RELIEF.-In a civil action under this section, appropriate relief includes (1) such preliminary and other equitable or declaratory relief as may be appropriate; (2) damages under subsection (c); and (3) a reasonable attorney's fee and other litigation costs reasonably incurred. (c) DAMAGES.-The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000. (d) DEFENSE.-A good faith reliance on (1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; (2) a request of an investigative or law enforcement officer under section 2518(7) of this title; or (3) a good faith determination that section 2511(3) of this title permitted the conduct complained of; is a complete defense to any civil or criminal action brought under this chapter or any other law. (e) LIMITATION.-A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation. (Added Pub. L. 99-508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1866.) § 2708. Exclusivity of remedies The remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter. (Added Pub. L. 99-508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1867.) § 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 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). (c) PROHIBITION OF CERTAIN DISCLOSURE.-No wire or electronic communication service provider, or officer, employee, or agent thereof, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under this section. (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 concerning all requests made under subsection (b) of this section. (Added Pub. L. 99-508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1867.) § 2710. Wrongful disclosure of video tape rental or sale records (a) DEFINITIONS.-For purposes of this section (1) the term "consumer" means any renter, purchaser, or subscriber of goods or services from a video tape service provider; (2) the term "ordinary course of business" means only debt collection activities, order fulfillment, request processing, and the transfer of ownership; (3) the term "personally identifiable information" includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider; and (4) the term "video tape service provider" means any person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials, or any person or other entity to whom a disclosure is made under subparagraph (D) or (E) of subsection (b)(2), but only with respect to the information contained in the disclosure. (b) VIDEO TAPE RENTAL AND SALE RECORDS.(1) A video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection (d). (2) A video tape service provider may disclose personally identifiable information concerning any consumer (A) to the consumer; (B) to any person with the informed, written consent of the consumer given at the time the disclosure is sought; (C) to a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, a grand jury subpoena, or a court order; (D) to any person if the disclosure is solely of the names and addresses of consumers and if (i) the video tape service provider has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure; and (ii) the disclosure does not identify the title, description, or subject matter of any video tapes or other audio visual material; however, the subject matter of such materials may be disclosed if the disclosure is for the exclusive use of marketing goods and services directly to the consumer; (E) to any person if the disclosure is incident to the ordinary course of business of the video tape service provider; or (F) pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, if— (i) the consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order; and (ii) the consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure. If an order is granted pursuant to subparagraph (C) or (F), the court shall impose appropriate safeguards against unauthorized disclosure. (3) Court orders authorizing disclosure under subparagraph (C) shall issue only with prior notice to the consumer and only if the law enforcement agency shows that there is probable cause to believe that the records or other information sought are relevant to a legitimate law enforcement inquiry. In the case of a State government authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the video tape service provider, may quash or modify such order if the information or records requested are unreasonably voluminous in nature or if compliance with such order otherwise would cause an unreasonable burden on such provid er. (c) CIVIL ACTION.-(1) Any person aggrieved by any act of a person in violation of this section may bring a civil action in a United States district court. (2) The court may award (C) reasonable attorneys' fees and other litigation costs reasonably incurred; and (D) such other preliminary and equitable relief as the court determines to be appropriate. (3) No action may be brought under this subsection unless such action is begun within 2 years from the date of the act complained of or the date of discovery. (4) No liability shall result from lawful disclosure permitted by this section. (d) PERSONALLY IDENTIFIABLE INFORMATION.Personally identifiable information obtained in any manner other than as provided in this section shall not be received in evidence in any trial, hearing, arbitration, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision of a State. (e) DESTRUCTION OF OLD RECORDS.-A person subject to this section shall destroy personally identifiable information as soon as practicable, but no later than one year from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (b)(2) or (c)(2) or pursuant to a court order. (f) PREEMPTION.-The provisions of this section preempt only the provisions of State or local law that require disclosure prohibited by this section. (Added Pub. L. 100-618, § 2(a)(2), Nov. 5, 1988, 102 Stat. 3195.) REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (b)(2)(C), are set out in the Appendix to this title. PRIOR PROVISIONS A prior section 2710 was renumbered section 2711 of this title. § 2711. Definitions for chapter As used in this chapter (1) the terms defined in section 2510 of this title have, respectively, the definitions given such terms in that section; and (2) the term "remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system. (Added Pub. L. 99-508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1868, § 2710; renumbered § 2711, Pub. L. 100-618, § 2(a)(1), Nov. 5, 1988, 102 Stat. 3195.) AMENDMENTS 1988-Pub. L. 100-618 renumbered section 2710 of this title as this section. 1988-Pub. L. 100-702, title IV, § 404(a)(1), Nov. 19, 1988, 102 Stat. 4651, struck out item 237 "Rules of criminal procedure". 1986-Pub. L. 99-646, § 41(d), Nov. 10, 1986, 100 Stat. 3600, struck out item for chapter 232 "Special forfeiture of collateral profits of crime" and added item for chapter 232A. Pub. L. 99-508, title III, § 301(b), Oct. 21, 1986, 100 Stat. 1872, added item for chapter 206. 1984-Pub. L. 98-533, title I, § 101(b), Oct. 19, 1984, 98 Stat. 2708, added item for chapter 204. Pub. L. 98-473, title II, §§ 203(d), 212(b), 1209(a), 1406(b), Oct. 12, 1984, 98 Stat. 1985, 2011, 2163, 2176, inserted "and detention pending judicial proceedings" in item for chapter 207, added items for chapters 224, 227, 229, 231, and 232, and struck out items for former chapters 227 "Sentence, judgment, and execution", 229 "Fines, penalties and forfeitures" and 231 "Probation". 1975-Pub. L. 93-619, title I, § 102, Jan. 3, 1975, 88 Stat. 2086, added item for chapter 208. 1970-Pub. L. 91-452, title I, § 101(b), Oct. 15, 1970, 84 Stat. 926, added item for chapter 216. 1968-Pub. L. 90-578, title III, § 301(c), Oct. 17, 1968, 82 Stat. 1115, substituted "Trial by United States magistrates" for "Trial by commissioners" in item for chapter 219. 1966-Pub. L. 89-465, § 5(e)(2), June 22, 1966, 80 Stat. 217, substituted "Release" for "Bail" in item for chapter 207. PART REFERRED TO IN OTHER SECTIONS This part is referred to in title 48 sections 1424-4, 1614, 1694. 1 So in original. Does not conform to chapter heading. 2 So in original. First word only of item should be capitalized. 3 So in original. Does not conform to chapter heading and first word only of item should be capitalized. 1984-Pub. L. 98-473, title II, §§ 218(c), 1405(b), Oct. 12, 1984, 98 Stat. 2027, 2175, added item 3013 and substituted "Repealed" for "Orders respecting persons in custody" in item 3012. 1964-Pub. L. 88-455, § 4, Aug. 20, 1964, 78 Stat. 554, added item 3006A. LAW ENFORCEMENT ASSISTANCE ACT OF 1965 Pub. L. 89-197, §§ 1-11, Sept. 22, 1965, 79 Stat. 828, as amended by Pub. L. 89-798, Nov. 8, 1966, 80 Stat. 1503, was repealed by Pub. L. 90-351, title I, § 405, June 19, 1968, 82 Stat. 204, subject to the provisions of section 3745 of Title 42, The Public Health and Welfare. See section 3701 et seq. (chapter 46) of Title 42. Such Act had provided for grants and contracts for improvement of quality of state and local personnel through professional training; grants and contracts to improve state and local law enforcement techniques; delegation and redelegation of powers; contributions to program by recipients, rules and regulations, necessary stipends, and allowances; studies by Attorney General and technical assistance to states; prohibition against control over local agencies; advisory committees, compensation, and expenses; term of program; appropriations; and reports to President and Congress. COORDINATION OF FEDERAL LAW ENFORCEMENT AND CRIME PREVENTION PROGRAMS Designation of Attorney General to coordinate federal law enforcement and crime prevention program, see Ex. Ord. No. 11396, Feb. 7, 1968, 33 F.R. 2689, set out as a note preceding section 1 of this title. § 3001. Procedure governed by rules; scope, purpose and effect; definition of terms; local rules; forms-(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Scope, rule 1. Purpose and construction, rule 2. Proceedings to which rules apply, rules 54 and 59. Rules of District Courts and Circuit Courts of Appeal, rule 57. Forms, rule 58. Effective date, rule 59. Citation of rule, rule 60. (June 25, 1948, ch. 645, 62 Stat. 814.) § 3002. Courts always open-(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Business hours, rule 56. (June 25, 1948, ch. 645, 62 Stat. 814.) |