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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 18USC2709]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL
RECORDS ACCESS
Sec. 2709. Counterintelligence access to telephone toll and
transactional records
(a) Duty to Provide.--A wire or electronic communication service
provider shall comply with a request for subscriber information and toll
billing records information, or electronic communication transactional
records in its custody or possession made by the Director of the Federal
Bureau of Investigation under subsection (b) of this section.
(b) Required Certification.--The Director of the Federal Bureau of
Investigation, or his designee in a position not lower than Deputy
Assistant Director, may--
(1) request the name, address, length of service, and toll
billing records of a person or entity if the Director (or his
designee in a position not lower than Deputy Assistant Director)
certifies in writing to the wire or electronic communication service
provider to which the request is made that--
(A) the name, address, length of service, and toll billing
records sought are relevant to an authorized foreign
counterintelligence investigation; and
(B) there are specific and articulable facts giving reason
to believe that the person or entity to whom the information
sought pertains is a foreign power or an agent of a foreign
power as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801); and
(2) request the name, address, and length of service of a person
or entity if the Director (or his designee in a position not lower
than Deputy Assistant Director) certifies in writing to the wire or
electronic communication service provider to which the request is
made that--
(A) the information sought is relevant to an authorized
foreign counterintelligence investigation; and
(B) there are specific and articulable facts giving reason
to believe that communication facilities registered in the name
of the person or entity have been used, through the services of
such provider, in communication with--
(i) an individual who is engaging or has engaged in
international terrorism as defined in section 101(c) of the
Foreign Intelligence Surveillance Act \1\ or clandestine
intelligence activities that involve or may involve a
violation of the criminal statutes of the United States; or
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\1\ So in original. Probably should be ``Act of 1978''.
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(ii) a foreign power or an agent of a foreign power
under circumstances giving reason to believe that the
communication concerned international terrorism as defined
in section 101(c) of the Foreign Intelligence Surveillance
Act \1\ or clandestine intelligence activities that involve
or may involve a violation of the criminal statutes of the
United States.
(c) Prohibition of Certain Disclosure.--No wire or electronic
communication service provider, or officer, employee, or agent thereof,
shall disclose to any person that the Federal Bureau of Investigation
has sought or obtained access to information or records under this
section.
(d) Dissemination by Bureau.--The Federal Bureau of Investigation
may disseminate information and records obtained under this section only
as provided in guidelines approved by the Attorney General for foreign
intelligence collection and foreign counterintelligence investigations
conducted by the Federal Bureau of Investigation, and, with respect to
dissemination to an agency of the United States, only if such
information is clearly relevant to the authorized responsibilities of
such agency.
(e) Requirement That Certain Congressional Bodies Be Informed.--On a
semiannual basis the Director of the Federal Bureau of Investigation
shall fully inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of the
Senate, and the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate,
concerning all requests made under subsection (b) of this section.
(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
1867; amended Pub. L. 103-142, Nov. 17, 1993, 107 Stat. 1491.)
Amendments
1993--Subsec. (b). Pub. L. 103-142, Sec. 1, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``Required
Certification.--The Director of the Federal Bureau of Investigation (or
an individual within the Federal Bureau of Investigation designated for
this purpose by the Director) may request any such information and
records if the Director (or the Director's designee) certifies in
writing to the wire or electronic communication service provider to
which the request is made that--
``(1) the information sought is relevant to an authorized
foreign counterintelligence investigation; and
``(2) there are specific and articulable facts giving reason to
believe that the person or entity to whom the information sought
pertains is a foreign power or an agent of a foreign power as
defined in section 101 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801).''
Subsec. (e). Pub. L. 103-142, Sec. 2, inserted ``, and the Committee
on the Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate,'' after ``Senate''.