CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
§ 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 (FOOTNOTE 1) or clandestine intelligence activities that
involve or may involve a violation of the criminal statutes of the United
States; or (FOOTNOTE 1) So in original. Probably should be ''Act of 1978''.
(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 (FOOTNOTE 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.
