§2705 Delayed Notice

Summary

The government can delay telling a person when it gets their electronic records or data. If agents ask a judge for the delay when they get a court order, the judge will grant it if they believe telling the person could cause harm. If they use an administrative or grand jury subpoena, a supervisor can sign a written statement to delay notice. Each delay can last up to 90 days. The delay can be extended in extra 90-day blocks by a judge or by another certification, following the law’s rules. The government must keep a true copy of any supervisor’s written certification. A “supervisory official” means the agent in charge or assistant in charge (or their equivalent) or the chief or first assistant prosecutor (or their equivalent). Delay is allowed only when telling the person might, for example, endanger someone’s safety, let a suspect flee, destroy or tamper with evidence, intimidate witnesses, or seriously harm an investigation or delay a trial. When the delay ends, the government must give the person a copy of the request and a notice that explains the inquiry, when and what data was provided, that notice was delayed, who approved the delay, and which part of the law allowed it. A court can also order a provider not to tell anyone else about the warrant, subpoena, or order for the time the court decides, if the same harms are likely.