§2705 Delayed notice

Summary

Government officials can ask to delay telling you that they got a warrant, court order, or subpoena for your electronic records. If a court is asked, it must order the delay for up to 90 days when the court finds there is reason to believe telling you could cause harm. For certain subpoenas, a senior official can sign a written certification and the notification can be delayed up to 90 days. The delay can be extended in 90‑day steps either by the court or by government certification, but only under the same rules in subsection (b). A delay is allowed when telling you might: endanger someone’s life or safety, help someone escape prosecution, destroy or tamper with evidence, intimidate witnesses, or otherwise severely harm the investigation or delay a trial. When the delay ends, the government must serve or mail you a copy of the process and a notice that says what the investigation is about, that your provider’s records were requested or given (with the date), that notice was delayed, who ordered or certified the delay, and which law allowed the delay. A “supervisory official” means the agent in charge (or assistant) at the investigating office or the chief (or first assistant) prosecutor at the prosecuting office.