Page:United States Statutes at Large Volume 100 Part 3.djvu/56

 100 STAT. 1864

PUBLIC LAW 99-508—OCT. 21, 1986

district court or State court. Such motion or application shall contain an affidavit or sworn statement— "(A) stating that the applicant is a customer or subscriber to the service from which the contents of electronic communications maintained for him have been sought; and "(B) stating the applicant's reasons for believing that the records sought are not relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this chapter in some other respect. "(2) Service shall be made under this section upon a governmental ._,. ^ entity by delivering or mailing by registered or certified mail a copy eu i! of ^ije papers to the person, office, or department specified in the notice which the customer has received pursuant to this chapter. For the purposes of this section, the term 'delivery' has the meaning 28 USC app. given that term in the Federal Rules of Civil Procedure. "(3) If the court finds that the customer has complied with paragraphs (1) and (2) of this subsection, the court shall order the governmental entity to file a sworn response, which may be filed in camera if the governmental entity includes in its response the reasons which make in camera review appropriate. If the court is unable to determine the motion or application on the basis of the parties' initial allegations and response, the court may conduct such additional proceedings as it deems appropriate. All such proceedings shall be completed and the motion or application decided as soon as practicable after the filing of the governmental entity's response. "(4) If the court finds that the applicant is not the subscriber or customer for whom the communications sought by the governmental entity are maintained, or that there is a reason to believe that the law enforcement inquiry is legitimate and that the communications sought are relevant to that inquiry, it shall deny the motion or application and order such process enforced. If the court finds that the applicant is the subscriber or customer for whom the communications sought by the governmental entity are maintained, and that there is not a reason to believe that the communications sought are relevant to a legitimate law enforcement inquiry, or that there has not been substantial compliance with the provisions of this chapter, it shall order the process quashed. "(5) A court order denying a motion or application under this section shall not be deemed a final order and no interlocutory appeal may be taken therefrom by the customer. 18 USC 2705. "§ 2705. Delayed notice "(a) DELAY OF NOTIFICATION.—(1) A governmental entity acting under section 2703(b) of this title may— "(A) where a court order is sought, include in the application a request, which the court shall grant, for an order delaying the notification required under section 2703(b) of this title for a period not to exceed ninety days, if the court determines that there is reason to believe that notification of the existence of the ts: court order may have an adverse result described in paragraph (2) of this subsection; or State and local "(B) where an administrative subpoena authorized by a Fedgovernments. gj.^j QJ. g^ate Statute or a Federal or State grand jury subpoena is obtained, delay the notification required under section 2703(b) of this title for a period not to exceed ninety days upon the . execution of a written certification of a supervisory official that 5 there is reason to believe that notification of the existence of the

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