50 U.S.C. § 1845 : US Code - Section 1845: Use of information

Search 50 U.S.C. § 1845 : US Code - Section 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.