50 U.S.C. § 1841 — Definitions

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). Page 272 TITLE 50—WAR AND NATIONAL DEFENSE § 1842 1 See References in Text note below. § 1842. Pen registers and trap and trace devices for foreign intelligence and international ter- rorism investigations (a) Application for authorization or approval (1) Notwithstanding any other provision of law, the Attorney General or a designated attor- ney for the Government may make an applica- tion for an order or an extension of an order au- thorizing or approving the installation and use of a pen register or trap and trace device for any investigation to obtain foreign intelligence in- formation not concerning a United States per- son or to protect against international ter- rorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amend- ment to the Constitution which is being con- ducted by the Federal Bureau of Investigation under such guidelines as the Attorney General approves pursuant to Executive Order No. 12333, or a successor order. (2) The authority under paragraph (1) is in ad- dition to the authority under subchapter I of this chapter to conduct the electronic surveil- lance referred to in that paragraph. (b) Form of application; recipient Each application under this section shall be in writing under oath or affirmation to— (1) a judge of the court established by sec- tion 1803(a) of this title; or (2) a United States Magistrate Judge under chapter 43 of title 28 who is publicly des- ignated by the Chief Justice of the United States to have the power to hear applications for and grant orders approving the installation and use of a pen register or trap and trace de- vice on behalf of a judge of that court. (c) Executive approval; contents of application Each application under this section shall re- quire the approval of the Attorney General, or a designated attorney for the Government, and shall include— (1) the identity of the Federal officer seeking to use the pen register or trap and trace device covered by the application; (2) a certification by the applicant that the information likely to be obtained is foreign in- telligence information not concerning a United States person or is relevant to an ongo- ing investigation to protect against inter- national terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution; (3) a specific selection term to be used as the basis for the use of the pen register or trap and trace device; (4) a certification by the Federal Officer seeking to use the pen register or trap and trace device covered by the application that, to the best knowledge of the Federal Officer, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably— (A) call into question the accuracy of the application or the reasonableness of any as- sessment in the application conducted by the department or agency on whose behalf the application is made; or (B) otherwise raise doubts with respect to the findings required under subsection (d); and (5) non-cumulative information known to the Federal officer seeking to use the pen reg- ister or trap and trace device covered by the application, that is potentially exculpatory re- garding the requested legal findings or any as- sessment in the application. (d) Ex parte judicial order of approval (1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the in- stallation and use of a pen register or trap and trace device if the judge finds that the applica- tion satisfies the requirements of this section. (2) An order issued under this section— (A) shall specify— (i) the identity, if known, of the person who is the subject of the investigation; (ii) the identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and (iii) the attributes of the communications to which the order applies, such as the num- ber or other identifier, and, if known, the lo- cation of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, in the case of a trap and trace device, the geo- graphic limits of the trap and trace order; (B) shall direct that— (i) upon request of the applicant, the pro- vider of a wire or electronic communication service, landlord, custodian, or other person shall furnish any information, facilities, or technical assistance necessary to accomplish the installation and operation of the pen register or trap and trace device in such a manner as will protect its secrecy and produce a minimum amount of interference with the services that such provider, land- lord, custodian, or other person is providing the person concerned; (ii) such provider, landlord, custodian, or other person— (I) shall not disclose the existence of the investigation or of the pen register or trap and trace device to any person unless or until ordered by the court; and (II) shall maintain, under security proce- dures approved by the Attorney General and the Director of National Intelligence pursuant to section 1805(b)(2)(C) 1 of this title, any records concerning the pen reg- ister or trap and trace device or the aid furnished; and (iii) the applicant shall compensate such provider, landlord, custodian, or other per- son for reasonable expenses incurred by such provider, landlord, custodian, or other per- son in providing such information, facilities, or technical assistance; and