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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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(3) with the lawful consent of the originator or an addressee or
intended recipient of such communication, or the subscriber
in the case of remote computing service;
(4) to a person employed or authorized or whose facilities are
used to forward such communication to its destination;
(5) as may be necessarily incident to the rendition of the
service or to the protection of the rights or property of
the provider of that service; or
(6) to a law enforcement agency, if such contents--
(A) were inadvertently obtained by the service provider; and
(B) appear to pertain to the commission of a crime.
_ 2703. Requirements for governmental access
(a) CONTENTS OF ELECTRONIC COMMUNICATIONS IN ELECTRONIC STORAGE.-- A
governmental entity may require the disclosure by a provider of
electronic communication service of the contents of an 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 under the Federal Rules of
Criminal Procedure or equivalent State warrant. A governmental
entity may require the disclosure by a provider of electronic
communications services of the contents of an 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 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 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
under the Federal Rules of Criminal Procedure or
equivalent State warrant; 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 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 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) Except as provided in subparagraph (B), a provider of
electronic communication service or remote computing
service may disclose a record or other information
pertaining to a subscriber to or customer of such
service (not including the contents of communications
covered by subsection (a) or (b) of this section) to
any person other than a governmental entity.
(B) A provider of electronic communication service or
remote computing service shall disclose a record or
other information pertaining to a subscriber to or
customer of such service (not including the contents of
communications covered by subsection (a) or (b) of this
section) to a governmental entity only when the
governmental entity--
(i) uses an administrative subpoena authorized by a
Federal or State statute, or a Federal or State
grand jury subpoena;
(ii) obtains a warrant issued under the Federal Rules
of Criminal Procedure or equivalent State warrant;
(iii) obtains a court order for such disclosure under
subsection (d) of this section; or
(iv) has the consent of the subscriber or customer to
such disclosure.
(2) 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) of this section shall issue only if
the governmental entity shows that there is reason to believe the
contents of a wire or electronic communication, or the records or
other information sought, are relevant to a legitimate law
enforcement inquiry. 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, or
certification under this chapter.
_ 2704. Backup preservation
(a) BACKUP PRESERVATION.--
(1) A governmental entity acting under section 2703(b)(2) may
include in its subpoena or court order a requirement that
the service provider to whom the request is directed create
a backup copy of the contents of the electronic
communications sought in order to preserve those
communications. Without notifying the subscriber or
customer of such subpoena or court order, such service
provider shall create such backup copy as soon as