Title 50, War and National DefenseRelease 119-110
§1885b Preemption
Title 50 › CHAPTER 36 — FOREIGN INTELLIGENCE SURVEILLANCE › SUBCHAPTER VII — PROTECTION OF PERSONS ASSISTING THE GOVERNMENT › § 1885b
Summary
States cannot investigate, force companies to reveal, punish, or bring lawsuits against electronic communication service providers about alleged help to parts of the intelligence community. The U.S. government may sue to enforce this rule in federal district courts. It applies to any investigation or case pending on or started on or after July 10, 2008.
Full Legal Text
Title 50, §1885b
War and National Defense, Source: USLM XML via OLRC
(a)In general
No State shall have authority to—
(1)conduct an investigation into an electronic communication service provider’s alleged assistance to an element of the intelligence community;
(2)require through regulation or any other means the disclosure of information about an electronic communication service provider’s alleged assistance to an element of the intelligence community;
(3)impose any administrative sanction on an electronic communication service provider for assistance to an element of the intelligence community; or
(4)commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service provider disclose information concerning alleged assistance to an element of the intelligence community.
(b)Suits by the United States
The United States may bring suit to enforce the provisions of this section.
(c)Jurisdiction
The district courts of the United States shall have jurisdiction over any civil action brought by the United States to enforce the provisions of this section.
(d)Application
This section shall apply to any investigation, action, or proceeding that is pending on or commenced after July 10, 2008.
Reference
Citations & Metadata
Citation
50 U.S.C. § 1885b
Title 50, War and National Defense
Last Updated
Sep 22, 2026
Release point: 119-110