18 U.S.C. § 2709
18 U.S.C. § 2709
EDITORIAL NOTES
AMENDMENTS2015-Subsec. (b). Pub. L. 114-23, §501(a), substituted "may, using a term that specifically identifies a person, entity, telephone number, or account as the basis for a request" for "may" in introductory provisions.Subsec. (c). Pub. L. 114-23, §502(a), added subsec. (c) and struck out former subsec. (c) which related to prohibition of certain disclosure.Subsecs. (d) to (g). Pub. L. 114-23, §503(a), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively. 2006-Subsec. (c). Pub. L. 109-177 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "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."Subsec. (c)(4). Pub. L. 109-178, §4(b), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under this section shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a person be required to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance."Subsec. (f). Pub. L. 109-178, §5, added subsec. (f).2001-Subsec. (b). Pub. L. 107-56, §505(a)(1), inserted "at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director" after "Deputy Assistant Director" in introductory provisions. Subsec. (b)(1). Pub. L. 107-56, §505(a)(2), struck out "in a position not lower than Deputy Assistant Director" after "(or his designee" and substituted "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" for "made that-"(A) the name, address, length of service, and toll billing records sought are relevant to an authorized foreign counterintelligence investigation; and "(B) 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); and". Subsec. (b)(2). Pub. L. 107-56, §505(a)(3), struck out "in a position not lower than Deputy Assistant Director" after "(or his designee" and substituted "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." for "made that-"(A) the information sought is relevant to an authorized foreign counterintelligence investigation; and "(B) there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person or entity have been used, through the services of such provider, in communication with-"(i) an individual who is engaging or has engaged in international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States; or"(ii) a foreign power or an agent of a foreign power under circumstances giving reason to believe that the communication concerned international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States."1996-Subsec. (b)(1). Pub. L. 104-293 inserted "local and long distance" before "toll billing records". 1993-Subsec. (b). Pub. L. 103-142, §1, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "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)." Subsec. (e). Pub. L. 103-142, §2, inserted ", and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate," after "Senate".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective 90 days after Oct. 21, 1986, and, in the case of conduct pursuant to a court order or extension, applicable only with respect to court orders or extensions made after such effective date, see section 202 of Pub. L. 99-508 set out as a note under section 2701 of this title.