50 U.S.C. § 1805a — Untitled legal text

Page 255 TITLE 50—WAR AND NATIONAL DEFENSE § 1806 EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–108, title III, § 314(c), Dec. 28, 2001, 115 Stat. 1402, provided in part that the amendment made by section 314(c)(1) of Pub. L. 107–108 is effective as of Oct. 26, 2001, and as if included in Pub. L. 107–56 as originally enacted. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly pro- vided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of Title 47, Telecommunications. §§ 1805a to 1805c. Repealed. Pub. L. 110–261, title IV, § 403(a)(1)(A), July 10, 2008, 122 Stat. 2473 Section 1805a, Pub. L. 95–511, title I, § 105A, as added Pub. L. 110–55, § 2, Aug. 5, 2007, 121 Stat. 552, related to clarification of electronic surveillance of persons out- side the United States. Section 1805b, Pub. L. 95–511, title I, § 105B, as added Pub. L. 110–55, § 2, Aug. 5, 2007, 121 Stat. 552, related to additional procedure for authorizing certain acquisi- tions concerning persons located outside the United States. Section 1805c, Pub. L. 95–511, title I, § 105C, as added Pub. L. 110–55, § 3, Aug. 5, 2007, 121 Stat. 555, related to submission to court review of procedures. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see sec- tion 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title. § 1806. Use of information (a) Compliance with minimization procedures; privileged communications; lawful purposes Information acquired from an electronic sur- veillance conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and em- ployees without the consent of the United States person only in accordance with the mini- mization procedures required by this sub- chapter. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this subchapter shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes. (b) Statement for disclosure No information acquired pursuant to this sub- chapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any in- formation derived therefrom, may only be used in a criminal proceeding with the advance au- thorization of the Attorney General. (c) Notification by United States Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regu- latory body, or other authority of the United States, against an aggrieved person, any infor- mation obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the Govern- ment shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to so disclose or so use such information. (d) Notification by States or political subdivi- sions Whenever any State or political subdivision thereof intends to enter into evidence or other- wise use or disclose in any trial, hearing, or other proceeding in or before any court, depart- ment, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof, against an aggrieved person any infor- mation obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the State or political subdivision thereof shall notify the ag- grieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or po- litical subdivision thereof intends to so disclose or so use such information. (e) Motion to suppress Any person against whom evidence obtained or derived from an electronic surveillance to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence ob- tained or derived from such electronic surveil- lance on the grounds that— (1) the information was unlawfully acquired; or (2) the surveillance was not made in con- formity with an order of authorization or approval. Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the per- son was not aware of the grounds of the motion. (f) In camera and ex parte review by district court Whenever a court or other authority is noti- fied pursuant to subsection (c) or (d), or when- ever a motion is made pursuant to subsection (e), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relat- ing to electronic surveillance or to discover, ob- tain, or suppress evidence or information ob- tained or derived from electronic surveillance under this chapter, the United States district court or, where the motion is made before an- other authority, the United States district court in the same district as the authority, shall, not- withstanding any other law, if the Attorney General files an affidavit under oath that disclo- sure or an adversary hearing would harm the na-