18 U.S.C. § 2704
Backup preservation
United States · Title 18 — CRIMES AND CRIMINAL PROCEDURE · Status: effective
Cite this
- Citation
- 18 U.S.C. § 2704, Backup preservation, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/449670
- Permanent ID
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Full text
The service provider shall not destroy such backup copy until the later of—
The service provider shall release such backup copy to the requesting governmental entity no sooner than fourteen days after the governmental entity’s notice to the subscriber or customer if such service provider—
Within fourteen days after notice by the governmental entity to the subscriber or customer under subsection (a)(2) of this section, such subscriber or customer may file a motion to quash such subpoena or vacate such court order, with copies served upon the governmental entity and with written notice of such challenge to the service provider. A motion to vacate a court order shall be filed in the court which issued such order. A motion to quash a subpoena shall be filed in the appropriate United States district court or State court. Such motion or application shall contain an affidavit or sworn statement—
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.
- Electronic Communications Privacy Act of 1986House: no recorded tallySenate: no recorded tally