§1843 Authorization During Emergencies

Summary

Attorney General may allow, in an emergency, the quick use of a pen register or trap-and-trace device to collect foreign intelligence that does not involve a United States person, or to protect against international terrorism or secret foreign intelligence activities. The use cannot target a U.S. person based only on activities protected by the First Amendment. At the time the Attorney General OKs the device, the judge who handles these requests under section 1842 must be told. A formal application under section 1842 must be filed as soon as possible, and no later than 7 days after the Attorney General’s authorization. The Attorney General must reasonably decide that an emergency makes it impossible to get a court order in time and that the facts would support a court order under section 1842. If no court order is later approved, the device must stop when the needed information is found, when the court denies the application, or 7 days after authorization—whichever comes first. Information obtained without a later order generally cannot be used in court or shared in government proceedings, and information about a U.S. person cannot be used or disclosed without that person’s consent, except if the Attorney General approves disclosure to prevent death or serious injury. Denials may be reviewed under section 1803, and privacy rules in section 1842(h) apply to the data collected.