50 U.S.C. § 1829 — Authorization during time of war

Page 271 TITLE 50—WAR AND NATIONAL DEFENSE § 1841 Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. § 1828. Civil liability An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A), respectively, of this title, whose premises, property, informa- tion, or material has been subjected to a phys- ical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of section 1827 of this title shall have a cause of ac- tion against any person who committed such violation and shall be entitled to recover— (1) actual damages, but not less than liq- uidated damages of $1,000 or $100 per day for each day of violation, whichever is greater; (2) punitive damages; and (3) reasonable attorney’s fees and other in- vestigative and litigation costs reasonably in- curred. (Pub. L. 95–511, title III, § 308, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. § 1829. Authorization during time of war Notwithstanding any other provision of law, the President, through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for a period not to ex- ceed 15 calendar days following a declaration of war by the Congress. (Pub. L. 95–511, title III, § 309, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. SUBCHAPTER III—PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOR- EIGN INTELLIGENCE PURPOSES § 1841. Definitions As used in this subchapter: (1) The terms ‘‘foreign power’’, ‘‘agent of a foreign power’’, ‘‘international terrorism’’, ‘‘foreign intelligence information’’, ‘‘Attorney General’’, ‘‘United States person’’, ‘‘United States’’, ‘‘person’’, and ‘‘State’’ shall have the same meanings as in section 1801 of this title. (2) The terms ‘‘pen register’’ and ‘‘trap and trace device’’ have the meanings given such terms in section 3127 of title 18. (3) The term ‘‘aggrieved person’’ means any person— (A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this sub- chapter; or (B) whose communication instrument or device was subject to the use of a pen reg- ister or trap and trace device authorized by this subchapter to capture incoming elec- tronic or other communications impulses. (4)(A) The term ‘‘specific selection term’’— (i) is a term that specifically identifies a person, account, address, or personal device, or any other specific identifier; and (ii) is used to limit, to the greatest extent reasonably practicable, the scope of informa- tion sought, consistent with the purpose for seeking the use of the pen register or trap and trace device. (B) A specific selection term under subpara- graph (A) does not include an identifier that does not limit, to the greatest extent reason- ably practicable, the scope of information sought, consistent with the purpose for seek- ing the use of the pen register or trap and trace device, such as an identifier that— (i) identifies an electronic communication service provider (as that term is defined in section 1881 of this title) or a provider of re- mote computing service (as that term is de- fined in section 2711 of title 18), when not used as part of a specific identifier as de- scribed in subparagraph (A), unless the pro- vider is itself a subject of an authorized in- vestigation for which the specific selection term is used as the basis for the use; or (ii) identifies a broad geographic region, including the United States, a city, a coun- ty, a State, a zip code, or an area code, when not used as part of a specific identifier as de- scribed in subparagraph (A). (C) For purposes of subparagraph (A), the term ‘‘address’’ means a physical address or electronic address, such as an electronic mail address or temporarily assigned network ad- dress (including an Internet protocol address). (D) Nothing in this paragraph shall be con- strued to preclude the use of multiple terms or identifiers to meet the requirements of sub- paragraph (A). (Pub. L. 95–511, title IV, § 401, as added Pub. L. 105–272, title VI, § 601(2), Oct. 20, 1998, 112 Stat. 2404; amended Pub. L. 114–23, title II, § 201(b), June 2, 2015, 129 Stat. 277.) Editorial Notes PRIOR PROVISIONS A prior section 401 of Pub. L. 95–511 was renumbered section 701 and was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261. AMENDMENTS 2015—Par. (4). Pub. L. 114–23 added par. (4).