Page:United States Statutes at Large Volume 122.djvu/2475

 12 2 STA T . 2 45 2 PUBLIC LA W 11 0– 2 6 1 —J UL Y 10, 200 8‘ ‘ (A)anem e rg en cysitu ati o ne x ists w it h res p ect to the ac q uisition o f foreign inte l ligence information for which an or d er may b e obtained under subsection (c) before an order authori z ing such acquisition can with due diligence be obtained , and ‘‘( B ) the factual basis for issuance of an order under this subsection to appro v e such acquisition exists, the Attorney G eneral may authorize such acquisition if a j udge having jurisdiction under subsection (a)( 1 ) is informed by the Attorney General, or a designee of the Attorney General, at the time of such authorization that the decision has been made to conduct such acquisition and if an application in accordance with this section is made to a judge of the F oreign I ntelligence S urveillance C ourt as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition . ‘‘( 2 ) MIN I M I ZAT I O N PR O CEDU RE S . — If the Attorney General authorizes an acquisition under paragraph (1), the Attorney General shall require that the minimization procedures referred to in subsection (c)(1)(C) for the issuance of a judicial order be followed. ‘‘( 3 ) T ERMINATION O F EMER G ENC Y AUT H ORIZATION.—In the absence of a judicial order approving an acquisition under paragraph (1), such acquisition shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest. ‘‘( 4 ) U SE OF INFORMATION.—If an application for approval submitted pursuant to paragraph (1) is denied, or in any other case where the acquisition is terminated and no order is issued approving the acquisition, no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person, shall be received in evidence or other - wise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. ‘‘(e) R E L EASE FROM L IA B ILITY.— N o cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with an order or request for emergency assistance issued pursuant to subsection (c) or (d), respectively. ‘‘(f) APPEAL.— ‘‘(1) APPEAL TO THE FOREIGN INTELLIGENCE SUR V EILLANCE COURT OF REVIE W .—The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order issued pursuant to subsection (c). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this paragraph. Records.D e a d lin e.

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