Chapter 121, Section 2703, Subsection (c) · 18 U.S.C. Chapter 121 — STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS

Contents

(c)

(1)A governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications) only when the governmental entity—

(A)obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction;

(B)obtains a court order for such disclosure under subsection (d) of this section;

(C)has the consent of the subscriber or customer to such disclosure;

(D)submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of such provider, which subscriber or customer is engaged in telemarketing (as such term is defined in section 2325 of this title); or

(E)seeks information under paragraph (2).

(2)A provider of electronic communication service or remote computing service shall disclose to a governmental entity the—

(A)name;

(B)address;

(C)local and long distance telephone connection records, or records of session times and durations;

(D)length of service (including start date) and types of service utilized;

(E)telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and

(F)means and source of payment for such service (including any credit card or bank account number),

of a subscriber 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).

(3)A governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer.

United States Government work; public domain under 17 U.S.C. § 105.