Sec. 310. Grounds for determining injury in fact in civil actions relating to surveillance under the Foreign Intelligence Surveillance Act of 1978 or pursuant to executive authority
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The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), as amended by section 202, is further amended by adding at the end the following: In this section, the terms foreign intelligence information , person , United States , and United States person have the meanings given such terms in section 101. In any claim in a civil action brought in a court of the United States relating to the acquisition, copying, querying, retention, access, or use of information acquired under this Act or pursuant to any other authority of the executive branch of the Federal Government, by a United States person or person located inside the United States, the person asserting the claim has suffered an injury in fact traceable to that conduct if the person— regularly communicates foreign intelligence information with persons who are not United States persons and who are located outside the United States; and has taken or is taking objectively reasonable measures to avoid the acquisition, copying, querying, retention, access, or use of the person’s information under this Act or pursuant to another authority of the executive branch of the Federal Government; or has a reasonable basis to believe that the person’s rights have been, are being, or imminently will be violated by an individual acting under color of Federal law.
For the purposes of this section, a reasonable basis exists when the person demonstrates a concrete injury arising from a good-faith belief that the person’s rights have been, are being, or imminently will be violated through the acquisition, copying, querying, retention, access, or use of the person’s information under this Act or pursuant to any other authority of the executive branch of the Federal Government. The procedures set forth in section 106(f) shall apply when the state secrets privilege is asserted, with respect to any claim where the plaintiff, who is a United States person or person located in the United States, plausibly alleges an injury in fact relating to the acquisition, copying, querying, retention, access, or use of information acquired under this Act or pursuant to another authority of the executive branch of the Federal Government and plausibly alleges that the acquisition, copying, querying, retention, access, or use of information violates the Constitution or laws of the United States. .
The table of contents of the Foreign Intelligence Surveillance Act of 1978, as amended by section 202, is further amended by adding at the end the following: Title X—ADDITIONAL MATTERS Sec. 1001. Challenges to Government surveillance. .
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Sec. 310
Grounds for determining injury in fact in civil actions relating to surveillance under the Foreign Intelligence Surveillance Act of 1978 or pursuant to executive authority
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