Sec. 4. Security of computer hardware, computer software, and electronic devices
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/bill/113/s/2500/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section— the terms agent of a foreign power and foreign power have the meaning given those terms in section 101(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ); the term covered person — means an individual, partnership, association, joint stock company, trust, or corporation; and does not include a foreign power or an agent of a foreign power; the term covered product means any computer hardware, computer software, or electronic device that is made available to the general public; and the term element of the intelligence community means an element of the intelligence community specified in or designated under section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ).
Except as provided in paragraph (2), an agency or department of the Federal Government may not intercept any shipment of covered products for the purpose of intentionally introducing into the covered products a mechanism or device that would allow an agency or department of the Federal Government to circumvent the privacy, security, or encryption protections of the covered products. Except as provided in paragraph (2), an element of the intelligence community may not require, or contract with, a manufacturer or developer of covered products to place a mechanism or device into a covered product that would allow any agency or department of the Federal Government to circumvent any privacy, security, or encryption protections of the covered product.
The prohibitions under paragraph
(1)shall not apply to a lawful surveillance activity conducted pursuant to a court order issued under— chapter 119, 121, or 206 of title 18, United States Code; or the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), except section 702 of that Act ( 50 U.S.C. 1881a ). A covered person that suffers an injury proximately caused by a violation of subsection
(b)may bring a civil action against the United States in a district court of the United States to recover money damages in accordance with paragraph
(2)of this subsection. A court, in awarding money damages to a covered person in a civil action brought under this subsection, shall award— an amount that is the greater of— the amount of actual damages; or $10,000; and reasonable costs, including reasonable attorney's fees. A civil action against the United States under this subsection shall be the exclusive remedy against the United States for a violation of subsection (b). An agency or department of the United States, including an element of the intelligence community, shall deposit into the general fund of the Treasury of the United States an amount equal to any amount awarded under paragraph (2), for a violation of subsection
(b)by the agency or department, out of any appropriation, fund, or other account (excluding any part of such appropriation, fund, or account that is available for the enforcement of any Federal law) that is available for the operating expenses of the agency or department. The United States shall not be liable to a covered person in a civil action brought under this subsection based on any action taken by an individual acting on behalf of an agency or department of the United States, including an element of the intelligence community, if the individual acted in a good faith reliance on a court order, a grand jury subpoena, or a legislative authorization under— chapter 119, 121, or 206 of title 18, United States Code; or the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), except section 702 of that Act ( 50 U.S.C. 1881a ).
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Sec. 4
Security of computer hardware, computer software, and electronic devices
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