§ 1881e. Use of information acquired under this subchapter
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(a)Information acquired under section 1881a
(1)In general Information acquired from an acquisition conducted under section 1881a of this title shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of section 1806 of this title, except for the purposes of subsection
(j)of such section.
(2)United States persons
(A)In general Any information concerning a United States person acquired under section 1881a of this title shall not be used in evidence against that United States person pursuant to paragraph
(1)in any criminal proceeding unless—
(i)the Federal Bureau of Investigation obtained an order of the Foreign Intelligence Surveillance Court to access such information pursuant to section 1881a(f)(2) of this title; or
(ii)the Attorney General determines that—
(I)the criminal proceeding affects, involves, or is related to the national security of the United States; or
(II)the criminal proceeding involves—
(aa)death;
(bb)kidnapping;
(cc)serious bodily injury, as defined in section 1365 of title 18;
(dd)conduct that constitutes a criminal offense that is a specified offense against a minor, as defined in section 20911 of title 34;
(ee)incapacitation or destruction of critical infrastructure, as defined in section 5195c(e) of title 42;
(ff)cybersecurity, including conduct described in section 5195c(e) of title 42 or section 1029, 1030, or 2511 of title 18;
(gg)transnational crime, including transnational narcotics trafficking and transnational organized crime; or
(hh)human trafficking.
(B)No judicial review A determination by the Attorney General under subparagraph (A)(ii) is not subject to judicial review.
(b)Information acquired under section 1881b Information acquired from an acquisition conducted under section 1881b of this title shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of section 1806 of this title.
(Pub. L. 95–511, title VII, § 706, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2457; amended Pub. L. 115–118, title I, § 102(a), Jan. 19, 2018, 132 Stat. 8.)
Repeal of Section
Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective June 12, 2026, this section is repealed.
Connections46 cite this · traces to 12
Cited by 46 sections
public-private-law
statutes-at-large
- Public Law 115–390To require the Secretary of Homeland Security to establish a security vulnerability disclosure policy, to establish a bug bounty program for the Department of Homeland Security, to amend title 41, United States Code, to provide for Federal acquisition supply chain security, and for other purposes
- Public Law 115–118To amend the Foreign Intelligence Surveillance Act of 1978 to improve foreign intelligence collection and the safeguards, accountability, and oversight of acquisitions of foreign intelligence, to extend title VII of such Act, and for other purposes
- Public Law 110–261To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes
statute-compilations
bill
- Sec. 1Discretionary authority to deny transfers of firearms, explosives, and firearms and explosives licenses and permits to terrorists
- Sec. 1Discretionary authority to deny transfers of firearms, explosives, and firearms and explosives licenses and permits to terrorists
- Sec. 6Limitation on use of information obtained under certain authority of Foreign Intelligence Surveillance Act of 1947 relating to United States persons
- Sec. 13Clarification regarding treatment of information acquired under Foreign Intelligence Surveillance Act of 1978
- Sec. 14Judicial review procedures
- Sec. 202Use and disclosure provisions
- Sec. 6Limitation on use of information obtained under certain authority of Foreign Intelligence Surveillance Act of 1978 relating to United States persons
- Sec. 13Clarification regarding treatment of information acquired under Foreign Intelligence Surveillance Act of 1978
- Sec. 6Minimization and disclosure provisions
- Sec. 1Prohibition on accessing and using information of United States persons without warrant
- Sec. 202Federal acquisition supply chain security
- Sec. 202Federal acquisition supply chain security
- Sec. 202Federal acquisition supply chain security
- Sec. 102Use and disclosure provisions
- Sec. 102Use and disclosure provisions
- Sec. 14Judicial review procedures
- Sec. 2Discretionary authority to deny transfers of firearms, explosives, and firearms and explosives licenses and permits to terrorists
- Sec. 2Federal acquisition supply chain security
- Sec. 203Clarification regarding treatment of information acquired under Foreign Intelligence Surveillance Act of 1978
- Sec. 2Protection of national critical capabilities
- Sec. 3Limitation on use of information obtained under section 702 of the Foreign Intelligence Surveillance Act of 1978 relating to United States persons and persons located in the United States in criminal, civil, and administrative actions
- Sec. 3Limitation on use of information obtained under section 702 of the Foreign Intelligence Surveillance Act of 1978 relating to United States persons and persons located in the United States in criminal, civil, and administrative actions
- Sec. 503Threats posed by information and communications technology and services transactions and other activities
- Sec. 102Limitation on use of information obtained under section 702 of the Foreign Intelligence Surveillance Act of 1978 relating to United States persons and persons located in the United States in criminal, civil, and administrative actions
- Sec. 201Court supervision of collection targeting United States persons and persons located inside the United States
- Sec. 306Data retention limits
- Sec. 12Judicial review
- Sec. 101Query procedure reform
- Sec. 2Warrant requirement for targeting for acquisition communications of United States persons
- Sec. 101Query procedure reform
- Sec. 205Prohibition on avoiding disclosure obligations through parallel construction
- Sec. 102Limitation on use of information obtained under section 702 of the Foreign Intelligence Surveillance Act of 1978 relating to United States persons and persons located in the United States in criminal, civil, and administrative actions
- Sec. 301Court supervision of collection targeting United States persons and persons located inside the United States
- Sec. 406Data retention limits
- Sec. 101Query procedure reform
- Sec. 205Prohibition on avoiding disclosure obligations through parallel construction
Traces to 12 documents
U.S. Code
- Procedures for targeting certain persons outside the United States other than United States persons§ 1881a
- Use of information§ 1806
- Tampering with consumer products§ 1365
- Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators§ 20911
- Critical infrastructures protection§ 5195c
- Certain acquisitions inside the United States targeting United States persons outside the United States§ 1881b
- Definitions§ 1801
public-private-law
- FISA Amendments Reauthorization Act of 2017Public Law 115-118
- National Defense Authorization Act for Fiscal Year 2024Public Law 118-31
- Reforming Intelligence and Securing America ActPublic Law 118-49
- To amend the FISA Amendments Act of 2008 to extend the authorities of title VII of the Foreign Intelligence Surveillance Act of 1978 through April 30, 2026, and for other purposes.AprPublic Law 119-84
- To amend the FISA Amendments Act of 2008 to extend the authorities of title VII of the Foreign Intelligence Surveillance Act of 1978, and for other purposes.AprPublic Law 119-87
14 references not yet in our index
- Pub. L. 95–511, title VII, § 706
- Pub. L. 110–261, title I, § 101(a)(2)
- 122 Stat. 2457
- 132 Stat. 8
- Pub. L. 110–261, title IV, § 403(b)(1)
- 122 Stat. 2474
- Pub. L. 112–238, § 2(a)(1)
- 126 Stat. 1631
- 132 Stat. 19
- 137 Stat. 1108
- 138 Stat. 891
- 140 Stat. 770
- 140 Stat. 811
- section 404 of Pub. L. 110–261
Citation graph
cites case law
§ 1881e
Use of information acquired under this subchapter
Bills×36
Stat. Comp.×3
Stat.×3
Pub. L.×2
U.S.C.×2
Pub. L.Pub. L. 95–511, title VII, § 706
Pub. L.Pub. L. 110–261, title I, § 101(a)(2)
Stat.122 Stat. 2457
Cites 26 · showing 12Cited by 46 across 5 sources