Sec. 201. Privacy protections for pen registers and trap and trace devices
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Section 402(c) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842(c) ) is amended— in paragraph (1), by striking and at the end; and by striking paragraph
(2)and inserting the following new paragraphs: a statement of facts showing that there are reasonable grounds to believe that the information sought— is relevant and material to an authorized investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities (other than a threat assessment), 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 of the United States; and pertain to— a foreign power or an agent of a foreign power; the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or an individual in contact with, or known to, a suspected agent of a foreign power; and a statement of proposed minimization procedures. . Section 401 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 ) is amended by adding at the end the following new paragraph: The term minimization procedures means— specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and notwithstanding subparagraphs
(A)and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . Section 402 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842 ) is amended— in subsection (d)— in paragraph (1), by inserting and that the proposed minimization procedures meet the definition of minimization procedures under this title before the period at the end; and in paragraph (2)(B)— in clause (ii)(II), by striking and after the semicolon; and by adding at the end the following new clause: the minimization procedures be followed; and ; and by adding at the end the following new subsection: At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. . Section 403 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1843 ) is amended— by redesignating subsection
(c)as subsection (d); and by inserting after subsection
(b)the following new subsection: If the Attorney General authorizes the emergency installation and use of a pen register or trap and trace device under this section, the Attorney General shall require that minimization procedures required by this title for the issuance of a judicial order be followed. . Section 405(a)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1845(a)(1) ) is amended by inserting and the minimization procedures required under the order approving such pen register or trap and trace device after of this section . Notwithstanding the amendments made by this section, an order entered under section 402(d)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842(d)(1) ) that is in effect on the effective date of the amendments made by this section shall remain in effect until the expiration of the order. A request for an extension of an order referred to in paragraph
(1)shall be subject to the requirements of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), as amended by this Act.
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Sec. 201
Privacy protections for pen registers and trap and trace devices
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