Page:United States Statutes at Large Volume 100 Part 3.djvu/54

 100 STAT. 1862 18 USC app.

Post, p. 1864.

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PUBLIC LAW 99-508—OCT. 21, 1986

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

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