Page:United States Statutes at Large Volume 92 Part 2.djvu/517

 PUBLIC LAW 95-511—OCT. 25, 1978 oral communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if the common carrier, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with— " (A) a court order directing such assistance signed by the authorizing judge, or " (B) a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United States that no w a r r a n t or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No communication common carrier, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished an order or certification under this subparagraph, except as may otherwise be required b}'^ legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof, shall render the carrier liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any communication common carrier, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of an order or certification under this subparagraph.". (b) Section 2511(2) is amended by adding at the end thereof the following new provisions: " (e) Notwithstanding any other provision of this title or section 605 or 606 of the Communications Act of 1934, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of his official duty to conduct electronic surveillance, avS defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act. " (f) Nothing contained in this chapter, or section 605 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications by a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire and oral communications may be conducted.". (c) Section 2511(3) is repealed. (d) Section 2518(1) is amended by inserting "under this chapter" after "communication". (e) Section 2518(4) is amended by inserting "under this chapter" after both appearances of "wire or oral communication". (f) Section 2518(9) is amended by striking out "intercepted" and inserting "intercepted pursuant to this chapter" after "communication".

92 STAT. 1797

18 USC 2518.

Disclosure of information, prohibition.

18 USC 2520.

18 USC 2511. 47 USC 605, 606.

Repeal.

18 USC 2511. 18 USC 2518.

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