§1885. Definitions — Inbound Citations
50 U.S.C. § 1885
Cited by 42 provisions in release 119-102.
Citations to §1885(1)
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(a) Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that—(1) any assistance by that person was provided pursuant to an order of the court established under section 1803(a) of this title directing such assistance;(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18;(3) any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance;(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—(A) in connection with an intelligence activity involving communications that was—(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or(5) the person did not provide the alleged assistance.
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(1) any assistance by that person was provided pursuant to an order of the court established under section 1803(a) of this title directing such assistance;
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(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18;
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(3) any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance;
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(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—(A) in connection with an intelligence activity involving communications that was—(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or
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(5) the person did not provide the alleged assistance.
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(g) A civil action against a person for providing assistance to an element of the intelligence community that is brought in a State court shall be deemed to arise under the Constitution and laws of the United States and shall be removable under section 1441 of title 28.
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(1) conduct an investigation into an electronic communication service provider’s alleged assistance to an element of the intelligence community;
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(2) require through regulation or any other means the disclosure of information about an electronic communication service provider’s alleged assistance to an element of the intelligence community;
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(3) impose any administrative sanction on an electronic communication service provider for assistance to an element of the intelligence community; or
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(4) commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service provider disclose information concerning alleged assistance to an element of the intelligence community.
Citations to §1885(2)
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(a) Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that—(1) any assistance by that person was provided pursuant to an order of the court established under section 1803(a) of this title directing such assistance;(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18;(3) any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance;(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—(A) in connection with an intelligence activity involving communications that was—(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or(5) the person did not provide the alleged assistance.
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(d) Any plaintiff or defendant in a civil action may submit any relevant court order, certification, written request, or directive to the district court referred to in subsection (a) for review and shall be permitted to participate in the briefing or argument of any legal issue in a judicial proceeding conducted pursuant to this section, but only to the extent that such participation does not require the disclosure of classified information to such party. To the extent that classified information is relevant to the proceeding or would be revealed in the determination of an issue, the court shall review such information in camera and ex parte, and shall issue any part of the court’s written order that would reveal classified information in camera and ex parte and maintain such part under seal.
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(g) A civil action against a person for providing assistance to an element of the intelligence community that is brought in a State court shall be deemed to arise under the Constitution and laws of the United States and shall be removable under section 1441 of title 28.
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(i) This section shall apply to a civil action pending on or filed after July 10, 2008.
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(4) commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service provider disclose information concerning alleged assistance to an element of the intelligence community.
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(c) The district courts of the United States shall have jurisdiction over any civil action brought by the United States to enforce the provisions of this section.
Citations to §1885(3)
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(a) Not less frequently than once every 6 months, the Attorney General shall, in a manner consistent with national security, the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, fully inform the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives concerning the implementation of this subchapter.
Citations to §1885(5)
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(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—(A) in connection with an intelligence activity involving communications that was—(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or
Citations to §1885(6)
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(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—(A) in connection with an intelligence activity involving communications that was—(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or
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(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or
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(1) conduct an investigation into an electronic communication service provider’s alleged assistance to an element of the intelligence community;
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(2) require through regulation or any other means the disclosure of information about an electronic communication service provider’s alleged assistance to an element of the intelligence community;
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(3) impose any administrative sanction on an electronic communication service provider for assistance to an element of the intelligence community; or
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(4) commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service provider disclose information concerning alleged assistance to an element of the intelligence community.
Citations to §1885(7)
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(a) Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that—(1) any assistance by that person was provided pursuant to an order of the court established under section 1803(a) of this title directing such assistance;(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18;(3) any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance;(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—(A) in connection with an intelligence activity involving communications that was—(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or(5) the person did not provide the alleged assistance.
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(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or
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(g) A civil action against a person for providing assistance to an element of the intelligence community that is brought in a State court shall be deemed to arise under the Constitution and laws of the United States and shall be removable under section 1441 of title 28.
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(1) conduct an investigation into an electronic communication service provider’s alleged assistance to an element of the intelligence community;
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(2) require through regulation or any other means the disclosure of information about an electronic communication service provider’s alleged assistance to an element of the intelligence community;
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(3) impose any administrative sanction on an electronic communication service provider for assistance to an element of the intelligence community; or
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(4) commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service provider disclose information concerning alleged assistance to an element of the intelligence community.
Citations to §1885(8)
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(a) Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that—(1) any assistance by that person was provided pursuant to an order of the court established under section 1803(a) of this title directing such assistance;(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18;(3) any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance;(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—(A) in connection with an intelligence activity involving communications that was—(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or(5) the person did not provide the alleged assistance.
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(1) any assistance by that person was provided pursuant to an order of the court established under section 1803(a) of this title directing such assistance;
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(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18;
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(3) any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance;
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(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or
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(5) the person did not provide the alleged assistance.
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(g) A civil action against a person for providing assistance to an element of the intelligence community that is brought in a State court shall be deemed to arise under the Constitution and laws of the United States and shall be removable under section 1441 of title 28.
Citations to §1885(9)
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(a) Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that—(1) any assistance by that person was provided pursuant to an order of the court established under section 1803(a) of this title directing such assistance;(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18;(3) any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance;(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—(A) in connection with an intelligence activity involving communications that was—(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—(i) authorized by the President; and(ii) determined to be lawful; or(5) the person did not provide the alleged assistance.
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(g) A civil action against a person for providing assistance to an element of the intelligence community that is brought in a State court shall be deemed to arise under the Constitution and laws of the United States and shall be removable under section 1441 of title 28.
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(a) No State shall have authority to—(1) conduct an investigation into an electronic communication service provider’s alleged assistance to an element of the intelligence community;(2) require through regulation or any other means the disclosure of information about an electronic communication service provider’s alleged assistance to an element of the intelligence community;(3) impose any administrative sanction on an electronic communication service provider for assistance to an element of the intelligence community; or(4) commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service provider disclose information concerning alleged assistance to an element of the intelligence community.