Page:United States Statutes at Large Volume 94 Part 2.djvu/601

 PUBLIC LAW 96-440—OCT. 13, 1980

94 STAT. 1879

Public Law 96-440 96th Congress An Act To limit governmental search and seizure of documentary materials possessed by persons, to provide a remedy for persons aggrieved by violations of the provisions of this Act, and for other purposes.

Oct. 13, 1980 [S. 1790]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Privacy Act of Protection cited as the "Privacy Protection Act of 1980". 1980. TITLE I—FIRST AMENDMENT PRIVACY PROTECTION

42 USC 2000aa note.

PART A—UNLAWFUL ACTS

SEC. 101. (a) Notwithstanding any other law, it shall be unlawful for Work product a government officer or employee, in connection with the investiga- materials, search or tion or prosecution of a criminal offense, to search for or seize any seizure. work product materials possessed by a person reasonably believed to 42 USC 2000aa. have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if— (1) there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate: Provided, however. That a government officer or employee may not search for or seize such materials under the provisions of tlus paragraph if the offense to which the materials relate consists of the receipt, possession, communication, or withholding of such materials or the information contained therein (but such a search or seizure may be conducted under the provisions of this paragraph if the offense consists of the receipt, possession, or communication of information relating to the national defense, classified information, or restricted data under the provisions of section 793, 794, 797, or 798 of title 18, United States Code, or section 224, 225, or 227 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2277), or section 4 of the Subversive Activities Control Act of 1950 (50 U.S.C.783));or (2) there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily iiy ury to, a human being. (b) Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize documentary materials, other than work product materials, possessed by a person in connection with a puipose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government

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