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18 U.S.C. § 2713 — Required preservation and disclosure of communications and records
Federal law — U.S. Code and appendices · legal_authorities
A provider of electronic communication service or remote computing service shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a customer or subscriber within such provider’s possession, custody, or control, regardless of whether such communication, record, or other information is located within or outside of the United States.
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Stable record: federal_law:legal_authorities:record_usc_09b9525d8363ffd860e2f63c
Source file: Laws/federal/codes/united-states-code/title-18/section-2713-required-preservation-and-disclosure-of-communications-and-records--0befca49e5.md
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Source location: Title 18, Chapter 121, § 2713; chapter-121-stored-wire-and-electronic-communications-and-transactional-records-access.md
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A provider of electronic communication service or remote computing service shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a customer or subscriber within such provider’s possession, custody, or control, regardless of whether such communication, record, or other information is located within or outside of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) 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 and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Mili
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2703
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Federal law — U.S. Code and appendices · legal_authorities
Page 670
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2713
shall accrue on the date upon which the claim-
ant first has a reasonable opportunity to dis-
cover the violation.
(3) Any action under this section shall be tried
to the court without a jury.
(4) Notwithstanding any other provision of
law, the procedures set forth in section 106(f),
305(g), or 405(f) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1801 et seq.) shall
be the exclusive means by which materials gov-
erned by those sections may be reviewed.
(5) An amount equal to any award against the
United States under this section shall be reim-
bursed by the department or agency concerned
to the fund described in section 1304 of title 31,
United States Code, out of any appropriation,
fund, or other account (excluding any part of
such appropriation, fund, or account that is
available for the enforcement of any Federal
law) that is available for the operating expenses
of the department or agency concerned.
(c) ADMINISTRATIVE DISCIPLINE.—If a court or
appropriate department or agency determines
that the United States or any of its departments
or agencies has violated any provision of this
chapter, and the court or appropriate depart-
ment or agency finds that the circumstances
surrounding the violation raise serious ques-
tions about whether or not an officer or em-
ployee of the United States acted willfully or in-
tentionally with respect to the violation, the de-
partment or agency shall, upon receipt of a true
and correct copy of the decision and findings of
the court or appropriate department or agency
promptly initiate a proceeding to determine
whether disciplinary action against the officer
or employee is warranted. If the head of the de-
partment or agency involved d
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2713
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