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18 U.S.C. § 2703

Required disclosure of customer communications or records

United States · Title 18 — CRIMES AND CRIMINAL PROCEDURE · Status: effective

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18 U.S.C. § 2703, Required disclosure of customer communications or records, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/449669
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Full text

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— with prior notice from the governmental entity to the subscriber or customer if the governmental entity— Paragraph (1) is applicable with respect to any wire or electronic communication that is held or maintained on that service— A governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications) only when the governmental entity— A provider of electronic communication service or remote computing service shall disclose to a governmental entity the— In this subsection— the term “qualifying foreign government” means a foreign government— A provider of electronic communication service to the public or remote computing service, including a foreign electronic communication service or remote computing service, that is being required to disclose pursuant to legal process issued under this section the contents of a wire or electronic communication of a subscriber or customer, may file a motion to modify or quash the legal process where the provider reasonably believes— Such a motion shall be filed not later than 14 days after the date on which the provider was served with the legal process, absent agreement with the government or permission from the court to extend the deadline based on an application made within the 14 days. The right to move to quash is without prejudice to any other grounds to move to quash or defenses thereto, but it shall be the sole basis for moving to quash on the grounds of a conflict of law related to a qualifying foreign government. Upon receipt of a motion filed pursuant to subparagraph (A), the court shall afford the governmental entity that applied for or issued the legal process under this section the opportunity to respond. The court may modify or quash the legal process, as appropriate, only if the court finds that— For purposes of making a determination under paragraph (2)(B)(ii), the court shall take into account, as appropriate—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 99-508(H.R. 4952)1986-10-21
    Electronic Communications Privacy Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-690(H.R. 5210)1988-11-18
    Anti-Drug Abuse Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-322(H.R. 3355)1994-09-13
    Violent Crime Control and Law Enforcement Act of 1994
  • Amended byPub. L. 103-414(H.R. 4922)1994-10-25
    Communications Assistance for Law Enforcement Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-132(S. 735)1996-04-24
    Antiterrorism and Effective Death Penalty Act of 1996
  • Amended byPub. L. 104-293(H.R. 3259)1996-10-11
    Intelligence Authorization Act for Fiscal Year 1997
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-294(H.R. 3723)1996-10-11
    Economic Espionage Act of 1996
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-184(H.R. 1847)1998-06-23
    Telemarketing Fraud Prevention Act of 1998
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 107-56(H.R. 3162)2001-10-26
    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
  • Amended byPub. L. 107-273(H.R. 2215)2002-11-02
    21st Century Department of Justice Appropriations Authorization Act
    House: 400–4Senate: no recorded tally
  • Amended byPub. L. 107-296(H.R. 5005)2002-11-25
    Homeland Security Act of 2002
  • Amended byPub. L. 109-162(H.R. 3402)2006-01-05
    Violence Against Women and Department of Justice Reauthorization Act of 2005
    House: 415–4Senate: no recorded tally
  • Amended byPub. L. 111-79(S. 1289)2009-10-19
    Foreign Evidence Request Efficiency Act of 2009
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 114-328(S. 2943)2016-12-23
    National Defense Authorization Act for Fiscal Year 2017
  • Amended byPub. L. 115-141(H.R. 1625)2018-03-23
    Consolidated Appropriations Act, 2018
    House: 256–167Senate: no recorded tally
  • Amended byPub. L. 115-278(H.R. 3359)2018-11-16
    Cybersecurity and Infrastructure Security Agency Act of 2018
    House: no recorded tallySenate: no recorded tally