Sec. 601. Third-party reporting on FISA orders and national security letters
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/bill/113/hr/3361/ih/section-601A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Each electronic service provider may report information to the public in accordance with this section about demands and requests for information made by any Government entity under a surveillance law, and is exempt in accordance with subsection
(d)from liability with respect to that report, even if such provider would otherwise be prohibited by a surveillance law from reporting that information. An electronic service provider may report such information not more often than quarterly and only to the following extent: The report may reveal an estimate of the number of the demands and requests described in subsection
(a)made during the period to which the report pertains. The report may reveal an estimate of the numbers of the demands and requests described in subsection
(a)the electronic service provider complied with during the period to which the report pertains, regardless of when the demands or requests were made. The report may reveal an estimate of the numbers of users or accounts, or both, of the electronic service provider, for which information was demanded, requested, or provided during the period to which the report pertains. Any estimate disclosed under this section may be an overall estimate or broken down by categories of authorizing surveillance laws or by provisions of authorizing surveillance laws. Each estimate disclosed under this section shall be rounded to the nearest 100. If an estimate is zero, an electronic service provider may report the estimate as zero. For any reporting period, an electronic service provider may break down the report by calendar quarters or any other time periods greater than a calendar quarter. An electronic service provider making a report that the electronic service provider reasonably believes in good faith is authorized by this section is not criminally or civilly liable in any court for making the report. Nothing in this section shall be construed to prohibit disclosures other than those authorized by this section. In this section: The term electronic service provider means an electronic communications service provider (as that term is defined in section 2510 of title 18, United States Code) or a remote computing service provider (as that term is defined in section 2711 of title 18, United States Code). The term surveillance law means any provision of any of the following: The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). Section 802(a) of the National Security Act of 1947 ( 50 U.S.C. 436(a) ). Section 2709 of title 18, United States Code. Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) ). Subsection
(a)or
(b)of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) , 1681u(b)). Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ) (as in effect on the day before the date of the enactment of this Act).
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Sec. 601
Third-party reporting on FISA orders and national security letters
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