Page:United States Statutes at Large Volume 100 Part 3.djvu/55

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-508—OCT. 21, 1986

100 STAT. 1863

the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider. "(e) No CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION UNDER THIS CHAPTER.—No cause of action shall lie in

any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, or certification under this chapter. "§ 2704. Backup preservation 18 USC 2704. "(a) BACKUP PRESERVATION.—(1) A governmental entity acting under section 2703(b)(2) may include in its subpoena or court order a requirement that the service provider to whom the request is

directed create a backup copy of the contents of the electronic communications sought in order to preserve those communications. Without notifying the subscriber or customer of such subpoena or court order, such service provider shall create such backup copy as soon as practicable consistent with its regular business practices and shall confirm to the governmental entity that such backup copy has been made. Such backup copy shall be created within two business days after receipt by the service provider of the subpoena or court order. "(2) Notice to the subscriber or customer shall be made by the governmental entity within three days after receipt of such confirmation, unless such notice is delayed pursuant to section 2705(a). "(3) The service provider shall not destroy such backup copy until the later of— "(A) the delivery of the information; or "(B) the resolution of any proceedings (including appeals of any proceeding) concerning the government's subpoena or court order. "(4) 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— "(A) has not received notice from the subscriber or customer that the subscriber or customer has challenged the governmental entity's request; and "(B) has not initiated proceedings to challenge the request of .. the governmental entity. "(5) A governmental entity may seek to require the creation of a backup copy under subsection (a)(1) of this section if in its sole discretion such entity determines that there is reason to believe that notification under section 2703 of this title of the existence of the subpoena or court order may result in destruction of or tampering with evidence. This determination is not subject to challenge by the subscriber or customer or service provider. "(b) CUSTOMER CHALLENGES.—(1) 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 •i": i.; 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"inthe^ court which issued such order. A motion to quash a subpoena shall be filed in the appropriate United States