Sec. 11. Grounds for determining injury in fact in civil action relating to surveillance under certain provisions of Foreign Intelligence Surveillance Act of 1978
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Section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ), as amended by sections 2, 3, 4, 5, and 8(b), is further amended by adding at the end the following: In any claim in a civil action brought in a court of the United States relating to surveillance conducted under this section, the person asserting the claim has suffered an injury in fact if the person— has a reasonable basis to believe that the person’s communications will be acquired under this section; and has taken objectively reasonable steps to avoid surveillance under this section.
A person shall be presumed to have demonstrated a reasonable basis to believe that the communications of the person will be acquired under this section if the profession of the person requires the person regularly to communicate foreign intelligence information with persons who— are not United States persons; and are located outside the United States. A person shall be presumed to have taken objectively reasonable steps to avoid surveillance under this section if the person demonstrates that the steps were taken in reasonable response to rules of professional conduct or analogous professional rules. .
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Sec. 11
Grounds for determining injury in fact in civil action relating to surveillance under certain provisions of Foreign Intelligence Surveillance Act of 1978
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