§1881b Certain acquisitions inside the United States targeting United States persons outside the United States

Summary

Allows the Foreign Intelligence Surveillance Court to approve electronic spying inside the United States that targets a United States person who is reasonably believed to be located outside the United States, when the spying seeks foreign intelligence and would otherwise need a court order. A federal officer must file a written, sworn application approved by the Attorney General. The application must identify the applicant and target (or describe the target), give facts showing the target is outside the U.S. and is a foreign power or agent, describe steps to limit needless collection of U.S. persons’ information (“minimization procedures”), explain what information and communications will be collected, certify that the information is foreign intelligence and cannot reasonably be gotten by normal methods, summarize how the collection will be done and name any needed communications provider, say whether physical entry is required, list prior related applications, state the requested time period (no more than 90 days), and include any possibly exculpatory information. A judge may approve the application only if the Attorney General approved it and the court finds probable cause that the target is outside the U.S. and is a foreign power or agent, and that minimization procedures and required statements are adequate. Orders must describe the target, the information sought, how collection will be done, any locations given, and the approved time (up to 90 days). Orders can be renewed in 90-day increments. If the target is believed to be in the U.S. while a related order is in effect, collection must stop unless the target is again reasonably believed to be outside the U.S. The Attorney General may authorize emergency collection without prior court approval, but minimization rules must be followed and the work must stop when the information is obtained, the court denies the application, or 7 days pass. Information from emergency or otherwise unauthorized collection generally cannot be used or disclosed except in narrow situations. Communications providers who comply with orders or emergency requests are protected from lawsuits. The government may appeal to the Foreign Intelligence Surveillance Court of Review and then to the Supreme Court.