Page:United States Statutes at Large Volume 122.djvu/2464

 12 2 STA T . 2 4 41 PUBLIC LA W 11 0– 2 6 1 —J UL Y 10, 200 8‘ ‘ (i i ) i ftheacqu i s iti on has b e g uno r the effecti v e d ate is l ess than 30 da y s after the sub m ission of the w ritten certification to the court , the date the acquisi - tion began or the effective date for the acquisition and ‘‘( E )ifthe A ttorney G eneral and the D irector of N ational I ntelligence ma k e a determination under sub- section (c)( 2 ), include a statement that such determination has been made . ‘‘(3) CHANGEI NE F FE CT I V E D ATE. —T he Attorney General and the Director of National Intelligence may advance or delay the effective date referred to in p aragraph (2)(D) by submitting an amended certification in accordance with subsection (i)( 1 )(C) to the F oreign Intelligence S urveillance Court for review pursu- ant to subsection (i). ‘‘( 4 ) L I M ITATI O N.—A certification made under this sub- section is not required to identify the specific facilities, places, premises, or property at which an acquisition authori z ed under subsection (a) will be directed or conducted. ‘‘( 5 ) M AINTENANCE OF CE R TIFICATION.—The Attorney Gen- eral or a designee of the Attorney General shall maintain a copy of a certification made under this subsection. ‘‘( 6 ) R EVIE W .—A certification submitted in accordance with this subsection shall be sub j ect to judicial review pursuant to subsection (i). ‘‘(h) DIRECTIVE S AND JU DICIA L REVIEW OF DIRECTIVES.— ‘‘(1) AUTHORIT Y .— W ith respect to an acquisition authorized under subsection (a), the Attorney General and the Director of National Intelligence may direct, in writing, an electronic communication service provider to— ‘‘(A) immediately provide the Government with all information, facilities, or assistance necessary to accom- plish the acquisition in a manner that will protect the secrecy of the acquisition and produce a minimum of inter- ference with the services that such electronic communica- tion service provider is providing to the target of the acquisition; and ‘‘( B ) maintain under security procedures approved by the Attorney General and the Director of National Intel- ligence any records concerning the acquisition or the aid furnished that such electronic communication service pro- vider wishes to maintain. ‘‘(2) COM P ENSATION.—The Government shall compensate, at the prevailing rate, an electronic communication service provider for providing information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1). ‘‘(3) RELEASE FROM LIA B ILITY.—No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1). ‘‘(4) CHALLENGING OF DIRECTIVES.— ‘‘(A) AUTHORITY TO CHALLENGE.—An electronic commu- nication service provider receiving a directive issued pursu- ant to paragraph (1) may file a petition to modify or set

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