§2705 Delayed Notice

Summary

A government agency that is getting someone’s electronic records can ask to delay telling the person that the records were sought. If the agency asks a court, the court must grant a delay up to 90 days when the court finds there is reason to believe telling the person now would cause harm. For some types of subpoenas, the agency can delay notice up to 90 days by using a written certification from a high-level official. The delay can be extended in extra chunks of up to 90 days each by the court or by agency certification under the same rules. The law lists five kinds of harm that justify delaying notice: danger to someone’s life or safety, fleeing from prosecution, destroying or tampering with evidence, scaring or influencing witnesses, or otherwise seriously hurting an investigation or delaying a trial. When the delay ends, the agency must give the customer a copy of the warrant or subpoena and a notice that explains the investigation, what information was requested and when, that notice was delayed, who approved the delay, and which rule allowed it. A “supervisory official” means the agent in charge (or assistant) or the chief (or first assistant) prosecutor or their equivalent.