Sec. 305. Prohibition on the warrantless acquisition of domestic communications
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No officer or employee of the United States may intentionally acquire pursuant to Executive Order 12333 ( 50 U.S.C. 3001 note; relating to United States intelligence activities), or successor order, any communication as to which the sender and all intended recipients are known to be located in the United States at the time of acquisition or the time of communication except— as authorized under section 105 or 304 the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805 and 1824); or if— there is a reasonable belief that— an emergency exists involving the imminent threat of death or serious bodily harm; and in order to prevent or mitigate this threat, the acquisition must be conducted before an authorization pursuant to the provisions of law cited in paragraph
(1)can, with due diligence, be obtained; and a description of the acquisition is provided to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) in a timely manner. No information acquired pursuant to an emergency described in subsection (a)(2) or information derived from such acquisition may be used, received in evidence, or otherwise disseminated in any investigation, trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, except in a proceeding or investigation that arises from the threat that prompted the acquisition.
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Sec. 305
Prohibition on the warrantless acquisition of domestic communications
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