18 U.S.C. § 2706: Cost reimbursement

Summary

When a government agency gets communications, records, or other information under sections 2702, 2703, or 2704, it must pay the person or company that gathers or provides it. The payment must cover reasonable costs directly caused by searching, assembling, copying, or otherwise providing the information, including costs from disrupting normal operations. The fee is what they agree to, or if they can't agree the court that ordered production, or if no order the court that would handle a related criminal prosecution, sets the amount. The rule does not apply to phone-company toll records and listings under section 2703 unless the court finds the request unusually voluminous or otherwise unduly burdensome and orders payment.

Title 18, §2706

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Payment.—

Except as otherwise provided in subsection (c), a governmental entity obtaining the contents of communications, records, or other information under section 2702, 2703, or 2704 of this title shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.

(b)Amount.—

The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information (or the court before which a criminal prosecution relating to such information would be brought, if no court order was issued for production of the information).

(c)Exception.—

The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under section 2703 of this title. The court may, however, order a payment as described in subsection (a) if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (c). Pub. L. 100–690 inserted heading.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 21, 1986, and, in the case of conduct pursuant to a court order or extension, applicable only with respect to court orders or extensions made after such

Effective Date

, see section 202 of Pub. L. 99–508, set out as a note under section 2701 of this title.

§2706 Cost Reimbursement

Summary

Title 18, §2706

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata