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18 U.S.C. § 2706 — Cost reimbursement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment.—** Except as otherwise provided in subsection (c), a governmental entity obtaining the contents of communications, records, or other information under section 2702, 2703, or 2704 of this title shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.
**(b) Amount.—** The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information (or the court before which a criminal prosecution relating to such information would be brought, if no court order was issued for production of the information).
**(c) Exception.—** The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under [section 2703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2703&num=0&edition=prelim). The court may, however, order a payment as described in subsection (a) if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2706
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Stable record: federal_law:legal_authorities:record_usc_e252f2069f24d2658b3ec5e9
Source file: Laws/federal/codes/united-states-code/title-18/section-2706-cost-reimbursement--68e397e538.md
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Source location: Title 18, Chapter 121, § 2706; chapter-121-stored-wire-and-electronic-communications-and-transactional-records-access.md
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**(a) Payment.—** Except as otherwise provided in subsection (c), a governmental entity obtaining the contents of communications, records, or other information under section 2702, 2703, or 2704 of this title shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.
**(b) Amount.—** The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information (or the court before which a criminal prosecution relating to such information would be brought, if no court order was issued for production of the information).
**(c) Exception.—** The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under [section 2703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2703&num=0&edition=prelim). The court may, however, order a payment as described in subsection (a) if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.
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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
**(a) Offense.—** Except as provided in subsection (c) of this section whoever—
(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that facility;
and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section.
**(b) Punishment.—** The punishment for an offense under subsection (a) of this section is—
(1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or any State—
(A) a fine under this title or imprisonment for not more than 5 years, or both, in the case of a first offense under this subparagraph; and
(B) a fine under this title or imprisonment for not more than 10 years, or both, for any subsequent offense under this subparagraph; and
(2) in any other case—
(A) a fine under this title or imprisonment for not more than 1 year or both, in the case of a first offense under this paragraph; and
(B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under this subparagraph that occurs after a conviction of another offense under this section.
**(c) Exceptions.—** Subsection (a) of this section does not apply with respect to conduct authorized—
(1) by the person or entity providing a wire or electronic communications service;
(2) by a user of that service with respect to a communication of or intended for that user; or
(3) in section 2703, 2704 or
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
Page 664
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2706
vider named in such process or request was
supplied to or requested by that govern-
mental authority and the date on which the
supplying or request took place;
(ii) that notification of such customer or
subscriber was delayed;
(iii) what governmental entity or court
made the certification or determination pur-
suant to which that delay was made; and
(iv) which provision of this chapter al-
lowed such delay.
(6) As used in this subsection, the term ‘‘super-
visory official’’ means the investigative agent in
charge or assistant investigative agent in
charge or an equivalent of an investigating
agency’s headquarters or regional office, or the
chief prosecuting attorney or the first assistant
prosecuting attorney or an equivalent of a pros-
ecuting attorney’s headquarters or regional of-
fice.
(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV-
ERNMENTAL
ACCESS.—A governmental entity
acting under section 2703, when it is not required
to notify the subscriber or customer under sec-
tion 2703(b)(1), or to the extent that it may delay
such notice pursuant to subsection (a) of this
section, may apply to a court for an order com-
manding a provider of electronic communica-
tions service or remote computing service to
whom a warrant, subpoena, or court order is di-
rected, for such period as the court deems appro-
priate, not to notify any other person of the ex-
istence of the warrant, subpoena, or court order.
The court shall enter such an order if it deter-
mines that there is reason to believe that notifi-
cation of the existence of the warrant, subpoena,
or court order will result in—
(1) endangering the life or physical safety of
an individual;
(2) flight from prosecution;
(3) destruction of or tampering
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2706
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