18 U.S.C. § 2711
Section 2711 · Definitions for chapter
This is § 201 of the Electronic Communications Privacy Act of 1986
Amended 6 times on record
Applied in 79 court decisions — leading case Moss v. State (2016)
Most recently applied in United States v. Westfall (July 2025)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.
Effective Date of 2016 Amendment
Amendment 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.