Chapter 121, Section 2709, Subsection (b) · 18 U.S.C. Chapter 121 — STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS

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(b)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, using a term that specifically identifies a person, entity, telephone number, or account as the basis for a request—

(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.

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

Defined terms · 11

Show every defined term

consumer
means any renter, purchaser, or subscriber of goods or services from a video tape service provider;
court of competent jurisdiction
includes—
delivery
has the meaning given that term in the Federal Rules of Civil Procedure.
governmental entity
means a department or agency of the United States or any State or political subdivision thereof.
ordinary course of business
means only debt collection activities, order fulfillment, request processing, and the transfer of ownership;
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;
qualifying foreign government
means a foreign government—
remote computing service
means the provision to the public of computer storage or processing services by means of an electronic communications system;
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.
United States person
has the meaning given the term in section 2523.
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.