50 U.S.C. § 1861 : US Code - Section 1861: Access to certain business records for foreign intelligence and international terrorism investigations

Search 50 U.S.C. § 1861 : US Code - Section 1861: Access to certain business records for foreign intelligence and international terrorism investigations

(a) Application for order; conduct of investigation generally
(1) The Director of the Federal Bureau of Investigation or a
designee of the Director (whose rank shall be no lower than
Assistant Special Agent in Charge) may make an application for an
order requiring the production of any tangible things (including
books, records, papers, documents, and other items) for an
investigation to obtain foreign intelligence information not
concerning a United States person or to protect against
international terrorism or clandestine intelligence activities,
provided that such investigation of a United States person is not
conducted solely upon the basis of activities protected by the
first amendment to the Constitution.
(2) An investigation conducted under this section shall -
(A) be conducted under guidelines approved by the Attorney
General under Executive Order 12333 (or a successor order); and
(B) not be conducted of a United States person solely upon the
basis of activities protected by the first amendment to the
Constitution of the United States.
(b) Recipient and contents of application
Each application under this section -
(1) shall be made to -
(A) a judge of the court established by section 1803(a) of
this title; or
(B) a United States Magistrate Judge under chapter 43 of
title 28, who is publicly designated by the Chief Justice of
the United States to have the power to hear applications and
grant orders for the production of tangible things under this
section on behalf of a judge of that court; and
(2) shall specify that the records concerned are sought for an
authorized investigation conducted in accordance with subsection
(a)(2) of this section to obtain foreign intelligence information
not concerning a United States person or to protect against
international terrorism or clandestine intelligence activities.
(c) Ex parte judicial order of approval
(1) Upon an application made pursuant to this section, the judge
shall enter an ex parte order as requested, or as modified,
approving the release of records if the judge finds that the
application meets the requirements of this section.
(2) An order under this subsection shall not disclose that it is
issued for purposes of an investigation described in subsection (a)
of this section.
(d) Nondisclosure
No person shall disclose to any other person (other than those
persons necessary to produce the tangible things under this
section) that the Federal Bureau of Investigation has sought or
obtained tangible things under this section.
(e) Liability for good faith disclosure; waiver
A person who, in good faith, produces tangible things under an
order pursuant to this section shall not be liable to any other
person for such production. Such production shall not be deemed to
constitute a waiver of any privilege in any other proceeding or
context.