Privacy of Communications 

U.S. Code > Title 18 > Part I > Chapter 121 > § 2702 - Voluntary disclosure of customer communications or records

  (a) Contents of Wire or Electronic Communications in Electronic
Storage. - A governmental entity may require the disclosure by a
provider of electronic communication service of the contents of a
wire or electronic communication, that is in electronic storage in
an electronic communications system for one hundred and eighty days
or less, only pursuant to 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) by a
court of competent jurisdiction. A governmental entity may require
the disclosure by a provider of electronic communications services
of the contents of a wire or electronic communication that has been
in electronic storage in an electronic communications system for
more than one hundred and eighty days by the means available under
subsection (b) of this section.
  (b) Contents of Wire or Electronic Communications in a Remote
Computing Service. - (1) A governmental entity may require a
provider of remote computing service to disclose the contents of
any wire or electronic communication to which this paragraph is
made applicable by paragraph (2) of this subsection - 
    (A) without required notice to the subscriber or customer, if
  the governmental entity 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) by a court of competent jurisdiction; or
    (B) with prior notice from the governmental entity to the
  subscriber or customer if the governmental entity - 
      (i) uses an administrative subpoena authorized by a Federal
    or State statute or a Federal or State grand jury or trial
    subpoena; or
      (ii) obtains a court order for such disclosure under
    subsection (d) of this section;

  except that delayed notice may be given pursuant to section 2705
  of this title.

  (2) Paragraph (1) is applicable with respect to any wire or
electronic communication that is held or maintained on that service
- 
    (A) on behalf of, and received by means of electronic
  transmission from (or created by means of computer processing of
  communications received by means of electronic transmission
  from), a subscriber or customer of such remote computing service;
  and
    (B) solely for the purpose of providing storage or computer
  processing services to such subscriber or customer, if the
  provider is not authorized to access the contents of any such
  communications for purposes of providing any services other than
  storage or computer processing.

  (c) Records Concerning Electronic Communication Service or Remote
Computing Service. - (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) 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.
  (d) Requirements for Court Order. - A court order for disclosure
under subsection (b) or (c) may be issued by any court that is a
court of competent jurisdiction and shall issue only if the
governmental entity offers specific and articulable facts showing
that there are reasonable grounds to believe that the contents of a
wire or electronic communication, or the records or other
information sought, are relevant and material to an ongoing
criminal investigation. In the case of a State governmental
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 service provider, may
quash or modify such order, if the information or records requested
are unusually voluminous in nature or compliance with such order
otherwise would cause an undue burden on such provider.
  (e) No Cause of Action Against a Provider Disclosing Information
Under This Chapter. - No cause of action shall lie in any court
against any provider of wire or electronic communication service,
its officers, employees, agents, or other specified persons for
providing information, facilities, or assistance in accordance with
the terms of a court order, warrant, subpoena, statutory
authorization, or certification under this chapter.
  (f) Requirement To Preserve Evidence. - 
    (1) In general. - A provider of wire or electronic
  communication services or a remote computing service, upon the
  request of a governmental entity, shall take all necessary steps
  to preserve records and other evidence in its possession pending
  the issuance of a court order or other process.
    (2) Period of retention. - Records referred to in paragraph (1)
  shall be retained for a period of 90 days, which shall be
  extended for an additional 90-day period upon a renewed request
  by the governmental entity.

  (g) Presence of Officer Not Required. - Notwithstanding section
3105 of this title, the presence of an officer shall not be
required for service or execution of a search warrant issued in
accordance with this chapter requiring disclosure by a provider of
electronic communications service or remote computing service of
the contents of communications or records or other information
pertaining to a subscriber to or customer of such service.

Legislative History

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