§1843 Authorization during emergencies

Summary

The Attorney General may allow, in an emergency, the quick installation and use of a pen register or trap and trace device to get foreign intelligence not about a U.S. person or to protect against international terrorism or secret foreign spying. Any probe of a U.S. person must not be based only on activity protected by the First Amendment. At the time of the emergency authorization, the Attorney General must tell the judge named in section 1842(b). The Attorney General must then apply to that judge for approval under section 1842 no later than 7 days after the authorization. The Attorney General must reasonably believe an emergency made waiting for a court order impractical and that the facts for a court order exist. If no court order is later issued, the device use must stop when the needed information is obtained, when the judge denies the application, or 7 days after authorization, whichever comes first. If the application is denied or no order is issued, information or evidence from the device cannot be used in court or shared with government bodies, and information about a U.S. person cannot be used or shared later without that person’s consent, except the Attorney General may allow sharing if the information shows a threat of death or serious bodily harm. A denial can be reviewed under section 1803, and collected information must follow the policies required by section 1842(h).