§2711 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Defines key words used in this chapter and says terms in section 2510 keep their meanings. Remote computing service means public computer storage or processing provided by an electronic communications system. Court of competent jurisdiction includes federal district and appellate courts (including magistrates) that have jurisdiction, sit where a provider or the data are located, or act under section 3512; state courts that can issue criminal search warrants; and military courts under chapter 47 of title 10 with a military judge. Governmental entity means a U.S. or State department, agency, or political subdivision.

Title 18, §2711

Crimes and Criminal Procedure — Source: USLM XML via OLRC

As used in this chapter—

(1)the terms defined in section 2510 of this title have, respectively, the definitions given such terms in that section;

(2)the term “remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system;

(3)the term “court of competent jurisdiction” includes—

(A)any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that—

(i)has jurisdiction over the offense being investigated;

(ii)is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or

(iii)is acting on a request for foreign assistance pursuant to section 3512 of this title;

(B)a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; or

(C)a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice) to which a military judge has been detailed; and

(4)the term “governmental entity” means a department or agency of the United States or any State or political subdivision thereof.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Par. (3)(C). Pub. L. 114–328 added subpar. (C). 2009—Par. (3). Pub. L. 111–79 substituted “includes—” and subpars. (A) and (B) for “has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation; and”. 2006—Par. (4). Pub. L. 109–177 added par. (4). 2001—Par. (3). Pub. L. 107–56 added par. (3). 1988—Pub. L. 100–618 renumbered section 2710 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on the date designated by the President [Jan. 1, 2019, with certain conditions and exceptions, see Ex. Ord. No. 13825, set out as a note under section 801 of Title 10, Armed Forces], not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing

Regulations

prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of Title 10, Armed Forces.

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.

§2711 Definitions for Chapter

Summary

Title 18, §2711

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Effective Date

Citations & Metadata