
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC1845]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
  SUBCHAPTER III--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 
                          INTELLIGENCE PURPOSES
 
Sec. 1845. Use of information


(a) In general

    (1) Information acquired from the use of a pen register or trap and 
trace device installed 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 provisions of this section.
    (2) No information acquired from a pen register or trap and trace 
device installed and used pursuant to this subchapter may be used or 
disclosed by Federal officers or employees except for lawful purposes.

(b) Disclosure for law enforcement purposes

    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 of intended disclosure by United States

    Whenever the United States 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 the use of a pen register or trap 
and trace device pursuant to this subchapter, the United States shall, 
before the trial, hearing, or the other proceeding or at a reasonable 
time before 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 United States intends to so disclose or so use such information.

(d) Notification of intended disclosure by State or political 
        subdivision

    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 the State or political 
subdivision thereof against an aggrieved person any information obtained 
or derived from the use of a pen register or trap and trace device 
pursuant to 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

    (1) Any aggrieved person against whom evidence obtained or derived 
from the use of a pen register or trap and trace device 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, or a State or 
political subdivision thereof, may move to suppress the evidence 
obtained or derived from the use of the pen register or trap and trace 
device, as the case may be, on the grounds that--
        (A) the information was unlawfully acquired; or
        (B) the use of the pen register or trap and trace device, as the 
    case may be, was not made in conformity with an order of 
    authorization or approval under this subchapter.

    (2) A motion under paragraph (1) shall be made before the trial, 
hearing, or other proceeding unless there was no opportunity to make 
such a motion or the aggrieved person concerned was not aware of the 
grounds of the motion.

(f) In camera and ex parte review

    (1) Whenever a court or other authority is notified pursuant to 
subsection (c) or (d) of this section, 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 the use of a pen 
register or trap and trace device authorized by this subchapter or to 
discover, obtain, or suppress evidence or information obtained or 
derived from the use of a pen register or trap and trace device 
authorized by this subchapter, 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 provision of law and if the Attorney General 
files an affidavit under oath that disclosure or any 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 use of the pen register or trap and trace device, as the case may 
be, as may be necessary to determine whether the use of the pen register 
or trap and trace device, as the case may be, was lawfully authorized 
and conducted.
    (2) In making a determination under paragraph (1), 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 use of the pen register or trap and trace 
device, as the case may be, or may require the Attorney General to 
provide to the aggrieved person a summary of such materials, only where 
such disclosure is necessary to make an accurate determination of the 
legality of the use of the pen register or trap and trace device, as the 
case may be.

(g) Effect of determination of lawfulness

    (1) If the United States district court determines pursuant to 
subsection (f) of this section that the use of a pen register or trap 
and trace device was not lawfully authorized or conducted, the court 
may, in accordance with the requirements of law, suppress the evidence 
which was unlawfully obtained or derived from the use of the pen 
register or trap and trace device, as the case may be, or otherwise 
grant the motion of the aggrieved person.
    (2) If the court determines that the use of the pen register or trap 
and trace device, as the case may be, was lawfully authorized or 
conducted, it may deny the motion of the aggrieved person except to the 
extent that due process requires discovery or disclosure.

(h) Binding final orders

    Orders granting motions or requests under subsection (g) of this 
section, decisions under this section that the use of a pen register or 
trap and trace device 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 the 
installation and use of a pen register or trap and trace device shall be 
final orders and binding upon all courts of the United States and the 
several States except a United States Court of Appeals or the Supreme 
Court.

(Pub. L. 95-511, title IV, Sec. 405, as added Pub. L. 105-272, title VI, 
Sec. 601(2), Oct. 20, 1998, 112 Stat. 2408.)
