Stored Communications Act, order barring a provider from notifying anyone of a warrant, subpoena or order

Section 2705(b) lets a governmental entity apply to a court for an order commanding a provider of electronic communications service or remote computing service to whom a warrant, subpoena, or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of the warrant, subpoena, or court order.

The governmental entity may apply when it is acting under section 2703 and is not required to notify the subscriber or customer under section 2703(b)(1), or to the extent that it may delay that notice under subsection (a) of section 2705.

The court shall enter the order if it determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will result in endangering the life or physical safety of an individual, flight from prosecution, destruction of or tampering with evidence, intimidation of potential witnesses, or otherwise seriously jeopardizing an investigation or unduly delaying a trial.

Section 2705 took effect ninety days after the enactment of Public Law 99-508 on October 21, 1986, and, for conduct under a court order or extension, applies only to orders and extensions made after that effective date.