
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-56 Section 504(a)]
[Document affected by Public Law 106-567 Section 604(b)]
[CITE: 50USC1806]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
                  SUBCHAPTER I--ELECTRONIC SURVEILLANCE
 
Sec. 1806. Use of information


(a) Compliance with minimization procedures; privileged communications; 
        lawful purposes

    Information acquired from an electronic surveillance conducted 
pursuant to this subchapter concerning any United States person may be 
used and disclosed by Federal officers and employees without the consent 
of the United States person only in accordance with the minimization 
procedures required by this subchapter. No otherwise privileged 
communication obtained in accordance with, or in violation of, the 
provisions of this subchapter shall lose its privileged character. No 
information acquired from an electronic surveillance pursuant to this 
subchapter may be used or disclosed by Federal officers or employees 
except for lawful purposes.

(b) Statement for disclosure

    No information acquired pursuant to this subchapter shall be 
disclosed for law enforcement purposes unless such disclosure is 
accompanied by a statement that such information, or any information 
derived therefrom, may only be used in a criminal proceeding with the 
advance authorization of the Attorney General.

(c) Notification by United States

    Whenever the Government intends to enter into evidence or otherwise 
use or disclose in any trial, hearing, or other proceeding in or before 
any court, department, officer, agency, regulatory body, or other 
authority of the United States, against an aggrieved person, any 
information obtained or derived from an electronic surveillance of that 
aggrieved person pursuant to the authority of this subchapter, the 
Government shall, prior to the trial, hearing, or other proceeding or at 
a reasonable time prior to an effort to so disclose or so use that 
information or submit it in evidence, notify the aggrieved person and 
the court or other authority in which the information is to be disclosed 
or used that the Government intends to so disclose or so use such 
information.

(d) Notification by States or political subdivisions

    Whenever any State or political subdivision thereof intends to enter 
into evidence or otherwise use or disclose in any trial, hearing, or 
other proceeding in or before any court, department, officer, agency, 
regulatory body, or other authority of a State or a political 
subdivision thereof, against an aggrieved person any information 
obtained or derived from an electronic surveillance of that aggrieved 
person pursuant to the authority of this subchapter, the State or 
political subdivision thereof shall notify the aggrieved person, the 
court or other authority in which the information is to be disclosed or 
used, and the Attorney General that the State or political subdivision 
thereof intends to so disclose or so use such information.

(e) Motion to suppress

    Any person against whom evidence obtained or derived from an 
electronic surveillance to which he is an aggrieved person is to be, or 
has been, introduced or otherwise used or disclosed in any trial, 
hearing, or other proceeding in or before any court, department, 
officer, agency, regulatory body, or other authority of the United 
States, a State, or a political subdivision thereof, may move to 
suppress the evidence obtained or derived from such electronic 
surveillance on the grounds that--
        (1) the information was unlawfully acquired; or
        (2) the surveillance was not made in conformity with an order of 
    authorization or approval.

Such a motion shall be made before the trial, hearing, or other 
proceeding unless there was no opportunity to make such a motion or the 
person was not aware of the grounds of the motion.

(f) In camera and ex parte review by district court

    Whenever a court or other authority is notified pursuant to 
subsection (c) or (d) of this section, or whenever a motion is made 
pursuant to subsection (e) of this section, or whenever any motion or 
request is made by an aggrieved person pursuant to any other statute or 
rule of the United States or any State before any court or other 
authority of the United States or any State to discover or obtain 
applications or orders or other materials relating to electronic 
surveillance or to discover, obtain, or suppress evidence or information 
obtained or derived from electronic surveillance under this chapter, the 
United States district court or, where the motion is made before another 
authority, the United States district court in the same district as the 
authority, shall, notwithstanding any other law, if the Attorney General 
files an affidavit under oath that disclosure or an adversary hearing 
would harm the national security of the United States, review in camera 
and ex parte the application, order, and such other materials relating 
to the surveillance as may be necessary to determine whether the 
surveillance of the aggrieved person was lawfully authorized and 
conducted. In making this determination, the court may disclose to the 
aggrieved person, under appropriate security procedures and protective 
orders, portions of the application, order, or other materials relating 
to the surveillance only where such disclosure is necessary to make an 
accurate determination of the legality of the surveillance.

(g) Suppression of evidence; denial of motion

    If the United States district court pursuant to subsection (f) of 
this section determines that the surveillance was not lawfully 
authorized or conducted, it shall, in accordance with the requirements 
of law, suppress the evidence which was unlawfully obtained or derived 
from electronic surveillance of the aggrieved person or otherwise grant 
the motion of the aggrieved person. If the court determines that the 
surveillance was lawfully authorized and conducted, it shall deny the 
motion of the aggrieved person except to the extent that due process 
requires discovery or disclosure.

(h) Finality of orders

    Orders granting motions or requests under subsection (g) of this 
section, decisions under this section that electronic surveillance was 
not lawfully authorized or conducted, and orders of the United States 
district court requiring review or granting disclosure of applications, 
orders, or other materials relating to a surveillance shall be final 
orders and binding upon all courts of the United States and the several 
States except a United States court of appeals and the Supreme Court.

(i) Destruction of unintentionally acquired information

    In circumstances involving the unintentional acquisition by an 
electronic, mechanical, or other surveillance device of the contents of 
any radio communication, under circumstances in which a person has a 
reasonable expectation of privacy and a warrant would be required for 
law enforcement purposes, and if both the sender and all intended 
recipients are located within the United States, such contents shall be 
destroyed upon recognition, unless the Attorney General determines that 
the contents indicate a threat of death or serious bodily harm to any 
person.

(j) Notification of emergency employment of electronic surveillance; 
        contents; postponement, suspension or elimination

    If an emergency employment of electronic surveillance is authorized 
under section 1805(e) of this title and a subsequent order approving the 
surveillance is not obtained, the judge shall cause to be served on any 
United States person named in the application and on such other United 
States persons subject to electronic surveillance as the judge may 
determine in his discretion it is in the interest of justice to serve, 
notice of--
        (1) the fact of the application;
        (2) the period of the surveillance; and
        (3) the fact that during the period information was or was not 
    obtained.

On an ex parte showing of good cause to the judge the serving of the 
notice required by this subsection may be postponed or suspended for a 
period not to exceed ninety days. Thereafter, on a further ex parte 
showing of good cause, the court shall forego ordering the serving of 
the notice required under this subsection.

(Pub. L. 95-511, title I, Sec. 106, Oct. 25, 1978, 92 Stat. 1793.)

                  Section Referred to in Other Sections

    This section is referred to in section 1802 of this title; title 8 
section 1534.
