Notice to courts of unlawful surveillance
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(a) Required disclosure of customer communications or records Section 2703(d) of title 18, United States Code, is amended— (1) by striking A court order and inserting the following: (1) In general A court order; and (2) by adding at the end the following: (2) Required inventory A court order for disclosure issued under subsection (b) or (c) shall require an inventory described in rule 41(f)(1)(B) of the Federal Rules of Criminal Procedure, or any successor thereto, be promptly returned to the court if the provider disclosed to the government any data not authorized by the court.. (b) Issuance of an order for a pen register or a trap and trace device Section 3123(b) of title 18, United States Code, is amended— (1) in paragraph (1)(D), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting; and; and (3) by adding at the end the following: (3) shall require an inventory described in rule 41(f)(1)(B) of the Federal Rules of Criminal Procedure, or any successor thereto, be promptly returned to the court if— (A) the provider disclosed to the government any electronic data not authorized by the court; or (B) the government obtained dialing, routing, addressing, or signaling information that was not authorized by the court or in a manner that exceeded the authorization granted by the court.. (c) Rule 41 Rule 41(f)(1)(B) of the Federal Rules of Criminal Procedure is amended by inserting after the period at the end the following: If an inventory is required pursuant to this rule, or if an inventory is required by section 2703(d)(2) of title 18, United States Code, or section 3123(b)(3) of that title, the inventory shall— (i) disclose whether the provider disclosed to the government any electronic data not authorized by the court and, if so, provide detailed information regarding the disclosure; and (ii) disclose whether the government searched persons or property, including accounts or electronic devices, or obtained dialing, routing, addressing, or signaling information not authorized by the court or in a manner that exceeded the authorization granted by the court and, if so, provide detailed information regarding the search..