Sec. 205. Prohibition on avoiding disclosure obligations through parallel construction
418 words·~2 min read·
/bill/119/s/4280/pcs/section-205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ) is amended by adding at the end the following: Derived from , with respect to an electronic surveillance, physical search, use of a pen register or trap and trace device, production of tangible things, or acquisition under this Act or pursuant to executive authority, means the Government would not have originally possessed the information or evidence but for that electronic surveillance, physical search, use of a pen register or trap and trace device, production of tangible things, or acquisition, which shall be determined without regard to any claim that the information or evidence is attenuated from the surveillance, search, use, production, or acquisition, would inevitably have been discovered, or was subsequently reobtained through other means. .
The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is amended— in section 301(1) ( 50 U.S.C. 1821(1) ), by inserting after derived from , destruction’, ; in section 401(1) ( 50 U.S.C. 1841(1) ), by inserting after derived from , person’, ; in section 501(1) ( 50 U.S.C. 1861(1) ), by inserting after derived from , terrorism’, ; and in section 701(a) ( 50 U.S.C. 1881(a) ), by inserting after derived from , United States’, . Not later than 90 days after the date of enactment of this Act, the Attorney General and the Director of National Intelligence shall publish— policies concerning the application of subsection
(q)of section 101 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a); and guidance for all members of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) and all Federal agencies with law enforcement responsibilities concerning the application of subsection
(q)of section 101 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a). Whenever the Attorney General and the Director of National Intelligence modify a policy or guidance published under paragraph (1), the Attorney General and the Director shall publish the modifications. Section 706 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881e ) is amended— in subsection (a)(1), by striking , except for the purposes of subsection
(j)of such section ; and by amending subsection
(b)to read as follows: Information acquired under section 703, 704, or 705 shall be deemed to be information acquired from an electronic surveillance pursuant to title I for the purposes of section 106. .
Connectionstraces to 7
Citation graph
cites case law
Sec. 205
Prohibition on avoiding disclosure obligations through parallel construction
Cites 7Cited by 0 across 0 sources