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Bill: Foreign Intelligence Surveillance Act of 2762 Part I

Details

Submitted by[?]: The Liberal Party

Status[?]: passed

Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: July 2762

Description[?]:

Chapter 1-Electronic Surveillance

Section 1- Definitions
As used in this chapter:
(a) “Foreign power” means—
(1) a foreign government or any component thereof, whether or not recognized by Lodamun;
(2) a faction of a foreign nation or nations, not substantially composed of Lodamese persons;
(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of Lodamese persons; or
(6) an entity that is directed and controlled by a foreign government or governments.
(b) “Agent of a foreign power” means—
(1) any person other than a Lodamese person, who—
(A) acts in Lodamun as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4) of this section;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in Lodamun contrary to the interests of Lodamun, when the circumstances of such person’s presence in Lodamun indicate that such person may engage in such activities in Lodamun, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; or
(C) engages in international terrorism or activities in preparation therefore; or
(2) any person who—
(A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of Lodamun;
(B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of Lodamun;
(C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power;
(D) knowingly enters Lodamun under a false or fraudulent identity for or on behalf of a foreign power or, while in Lodamun, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or
(E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).
(c) “International terrorism” means activities that—
(1) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of Lodamun or of any State, or that would be a criminal violation if committed within the jurisdiction of Lodamun or any State;
(2) appear to be intended—
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation or coercion; or
(C) to affect the conduct of a government by assassination or kidnapping; and
(3) occur totally outside Lodamun, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.
(d) “Sabotage” means activities that involve a violation of human rights granted by the laws, or that would involve such a violation if committed against Lodamun.
(e) “Foreign intelligence information” means—
(1) information that relates to, and if concerning a Lodamese person is necessary to, the ability of Lodamun to protect against—
(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or
(2) information with respect to a foreign power or foreign territory that relates to, and if concerning a Lodamese person is necessary to—
(A) the national defense or the security of Lodamun; or
(B) the conduct of the foreign affairs of Lodamun.
(f) “Electronic surveillance” means—
(1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication sent by or intended to be received by a particular, known Lodamese person who is in Lodamun, if the contents are acquired by intentionally targeting that Lodamese person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes;
(2) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire communication to or from a person in Lodamun, without the consent of any party thereto, if such acquisition occurs in Lodamun, but does not include the acquisition of those communications of computer trespassers;
(3) the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within Lodamun; or
(4) the installation or use of an electronic, mechanical, or other surveillance device in Lodamun for monitoring to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes.
(g) “Justice Minister” means the Minister of Justice of Lodamun(or Acting Justice Minister), the Deputy Justice Minister, or, upon the designation of the Justice Minister, the Assistant Justice Minister designated as the Assistant Justice Minister for National Security.
(h) “Minimization procedures”, with respect to electronic surveillance, means—
(1) specific procedures, which shall be adopted by the Justice Minister, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting Lodamese persons consistent with the need of Lodamun to obtain, produce, and disseminate foreign intelligence information;
(2) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in subsection (e)(1) of this section, shall not be disseminated in a manner that identifies any Lodamese person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance;
(3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and
(4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 2 (a) of this chapter, procedures that require that no contents of any communication to which a Lodamese person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 5 of this chapter is obtained or unless the Justice Minister determines that the information indicates a threat of death or serious bodily harm to any person.
(i) “Lodamese” means a citizen of the United Republics of Lodamun, an alien lawfully admitted for permanent residence, an unincorporated association a substantial number of members of which are citizens of Lodamun or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in Lodamun, but does not include a corporation or an association which is a foreign power, as defined in subsection (a)(1), (2), or (3) of this section.
(j) Lodamun”, when used in a geographic sense, means all areas under the territorial sovereignty of the United Republics of Lodamun
(k) “Aggrieved person” means a person who is the target of an electronic surveillance or any other person whose communications or activities were subject to electronic surveillance.
(l) “Wire communication” means any communication while it is being carried by a wire, cable, or other like connection furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate or foreign communications.
(m) “Person” means any individual, including any officer or employee of the Federal Government, or any group, entity, association, corporation, or foreign power.
(n) “Contents”, when used with respect to a communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication.
(o) “State” means any country of the world and any territory or possession of Lodamun.

Section 2- Electronic surveillance authorization without court order; certification by Justice Minister; reports to Parliamentary committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of court.

(a)
(1) Notwithstanding any other law, the President, through the Justice Minister, may authorize electronic surveillance without a court order under this chapter to acquire foreign intelligence information for periods of up to one year if the Justice Minister certifies in writing under oath that—
(A) the electronic surveillance is solely directed at—
(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1 (a)(1), (2), or (3) of this chapter; or
(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1 (a)(1), (2), or (3) of this chapter;
(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a Lodamese person is a party; and
(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 18 (h) of this chapter; and
if the Justice Minister reports such minimization procedures and any changes thereto to the Parliament's Permanent Select Committee on Intelligence at least thirty days prior to their effective date, unless the Justice Minister determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.
(2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Justice Minister’s certification and the minimization procedures adopted by him. The Justice Minister shall assess compliance with such procedures and shall report such assessments to Parliament's Permanent Select Committee on Intelligence under the provisions of section 8 (a) of this chapter.
(3) The Justice Minister shall immediately transmit under seal to the court established under section 3 (a) of this chapter a copy of his certification. Such certification shall be maintained under security measures established by the Chief Justice with the concurrence of the Justice Minister, in consultation with the Director of National Intelligence, and shall remain sealed unless—
(A) an application for a court order with respect to the surveillance is made under sections 1 (h)(4) and 4 of this chapter; or
(B) the certification is necessary to determine the legality of the surveillance under section 6 (f) of this chapter.
(4) With respect to electronic surveillance authorized by this subsection, the Justice Minister may direct a specified communication common carrier to—
(A) furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and
(B) maintain under security procedures approved by the Justice Minister and the Director of National Intelligence any records concerning the surveillance or the aid furnished which such carrier wishes to retain.
The Government shall compensate, at the prevailing rate, such carrier for furnishing such aid.
(b) Applications for a court order under this chapter are authorized if the President has, by written authorization, empowered the Justice Minister to approve applications to the court having jurisdiction under section 3 of this chapter, and a judge to whom an application is made may, notwithstanding any other law, grant an order, in conformity with section 5 of this chapter, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) of this section unless such surveillance may involve the acquisition of communications of any Lodamese person.

Section 3- Designation of judges

(a) Court to hear applications and grant orders; record of denial; transmittal to court of review
The Chief Justice of Lodamun shall publicly designate 11 district court judges from seven of Lodamun's judicial circuits of whom no fewer than 3 shall reside within 20 miles of Port Andalay who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within Lodamun under the procedures set forth in this chapter, except that no judge designated under this subsection shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason of his decision and, on motion of Lodamun, the record shall be transmitted, under seal, to the court of review established in subsection (b) of this section.
(b) Court of review; record, transmittal to Supreme Court
The Chief Justice shall publicly designate three judges, one of whom shall be publicly designated as the presiding judge, from Lodamun district courts or courts of appeals who together shall comprise a court of review which shall have jurisdiction to review the denial of any application made under this chapter. If such court determines that the application was properly denied, the court shall immediately provide for the record a written statement of each reason for its decision and, on petition of Lodamun for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.
(c) Expeditious conduct of proceedings; security measures for maintenance of records
Proceedings under this chapter shall be conducted as expeditiously as possible. The record of proceedings under this chapter, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice in consultation with the Justice Minister and the Director of National Intelligence.
(d) Tenure
Each judge designated under this section shall so serve for a maximum of seven years and shall not be eligible for redesignation, except that the judges first designated under subsection (a) of this section shall be designated for terms of from one to seven years so that one term expires each year, and that judges first designated under subsection (b) of this section shall be designated for terms of three, five, and seven years.
(e) Jurisdiction and procedures for review of petitions
(1) Three judges designated under subsection (a) who reside within 20 miles of Port Andalay, or, if all of such judges are unavailable, other judges of the court established under subsection (a) as may be designated by the presiding judge of such court, shall comprise a petition review pool which shall have jurisdiction to review petitions filed pursuant to Chapter 5 section 1 (f)(1) of this Law.
(2) Not later than 60 days after the passing of this bill , the court established under subsection (a) shall adopt and, consistent with the protection of national security, publish procedures for the review of petitions filed pursuant to Chapter 5 section 1 (f)(1) of this chapter by the panel established under paragraph (1). Such procedures shall provide that review of a petition shall be conducted in camera and shall also provide for the designation of an acting presiding judge.
(f) Establishment and transmittal of rules and procedures
(1) The courts established pursuant to subsections (a) and (b) may establish such rules and procedures, and take such actions, as are reasonably necessary to administer their responsibilities under this chapter.
(2) The rules and procedures established under paragraph (1), and any modifications of such rules and procedures, shall be recorded, and shall be transmitted to the following:
(A) All of the judges on the court established pursuant to subsection (a).
(B) All of the judges on the court of review established pursuant to subsection (b).
(C) The Chief Justice of Lodamun.
(D) The Committee on the Judiciary of the Parliament.
(E) The Select Committee on Intelligence of Parliament.
(3) The transmissions required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.

Section 4- Application for court orders

(a) Submission by Federal officer; approval of Justice Minister; contents
Each application for an order approving electronic surveillance under this chapter shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 3 of this chapter. Each application shall require the approval of the Justice Minister based upon his finding that it satisfies the criteria and requirements of such application as set forth in this chapter. It shall include—
(1) the identity of the Federal officer making the application;
(2) the authority conferred on the Justice Minister by the President of Lodamun and the approval of the Justice Minister to make the application;
(3) the identity, if known, or a description of the specific target of the electronic surveillance;
(4) a statement of the facts and circumstances relied upon by the applicant to justify his belief that—
(A) the target of the electronic surveillance is a foreign power or an agent of a foreign power; and
(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;
(5) a statement of the proposed minimization procedures;
(6) a detailed description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance;
(7) a certification or certifications by the Assistant to the President for National Security Affairs or an executive branch official or officials designated by the President from among those executive officers employed in the area of national security or defense and appointed by the President with the advice and consent of Parliament—
(A) that the certifying official deems the information sought to be foreign intelligence information;
(B) that a significant purpose of the surveillance is to obtain foreign intelligence information;
(C) that such information cannot reasonably be obtained by normal investigative techniques;
(D) that designates the type of foreign intelligence information being sought according to the categories described in section 1 (e) of this chapter; and
(E) including a statement of the basis for the certification that—
(i) the information sought is the type of foreign intelligence information designated; and
(ii) such information cannot reasonably be obtained by normal investigative techniques;
(8) a statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the surveillance;
(9) a statement of the facts concerning all previous applications that have been made to any judge under this chapter involving any of the persons, facilities, or places specified in the application, and the action taken on each previous application;
(10) a statement of the period of time for which the electronic surveillance is required to be maintained, and if the nature of the intelligence gathering is such that the approval of the use of electronic surveillance under this chapter should not automatically terminate when the described type of information has first been obtained, a description of facts supporting the belief that additional information of the same type will be obtained thereafter; and
(11) whenever more than one electronic, mechanical or other surveillance device is to be used with respect to a particular proposed electronic surveillance, the coverage of the devices involved and what minimization procedures apply to information acquired by each device.
(b) Exclusion of certain information respecting foreign power targets
Whenever the target of the electronic surveillance is a foreign power, as defined in section 1 (a)(1), (2), or (3) of this chapter, and each of the facilities or places at which the surveillance is directed is owned, leased, or exclusively used by that foreign power, the application need not contain the information required by paragraphs (6), (7)(E), (8), and (11) of subsection (a) of this section, but shall state whether physical entry is required to effect the surveillance and shall contain such information about the surveillance techniques and communications or other information concerning Lodamese persons likely to be obtained as may be necessary to assess the proposed minimization procedures.
(c) Additional affidavits or certifications
The Justice Minister may require any other affidavit or certification from any other officer in connection with the application.
(d) Additional information
The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 5 of this chapter.
(e) Personal review by Justice Minister
(1)
(A) Upon written request of the Director of the National Bureau of Investigation, the Minister of Defense, the Minister of Foreign Affairs, or the Director of National Intelligence, the Justice Minister shall personally review under subsection (a) of this section an application under that subsection for a target described in section 1 (b)(2) of this chapter.
(B) Except when disabled or otherwise unavailable to make a request referred to in subparagraph (A), an official referred to in that subparagraph may not delegate the authority to make a request referred to in that subparagraph.
(C) Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority is clearly established in the event such official is disabled or otherwise unavailable to make such request.
(2)
(A) If as a result of a request under paragraph (1) the Justice Minister determines not to approve an application under the second sentence of subsection (a) of this section for purposes of making the application under this section, the Justice Minister shall provide written notice of the determination to the official making the request for the review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Justice Minister may not delegate the responsibility to make a determination under that sentence. The Justice Minister shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Justice Minister is disabled or otherwise unavailable to make such determination.
(B) Notice with respect to an application under subparagraph (A) shall set forth the modifications, if any, of the application that are necessary in order for the Justice Minister to approve the application under the second sentence of subsection (a) of this section for purposes of making the application under this section.
(C) Upon review of any modifications of an application set forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise the making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making of such modification.

Section 5- Issuance of order

(a) Necessary findings
Upon an application made pursuant to section 4 of this chapter, the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that—
(1) the President has authorized the Justice Minister to approve applications for electronic surveillance for foreign intelligence information;
(2) the application has been made by a Federal officer and approved by the Justice Minister;
(3) on the basis of the facts submitted by the applicant there is probable cause to believe that—
(A) the target of the electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no Lodamese person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the Constitution of Lodamun; and
(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;
(4) the proposed minimization procedures meet the definition of minimization procedures under section 1 (h) of this chapter; and
(5) the application which has been filed contains all statements and certifications required by section 4 of this chapter and, if the target is a Lodamese person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 4 (a)(7)(E) of this chapter and any other information furnished under section 4 (d) of this chapter.
(b) Determination of probable cause
In determining whether or not probable cause exists for purposes of an order under subsection (a)(3) of this section, a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target.
(c) Specifications and directions of orders
(1) Specifications.— An order approving an electronic surveillance under this section shall specify—
(A) the identity, if known, or a description of the specific target of the electronic surveillance identified or described in the application pursuant to section 4 (a)(3) of this chapter;
(B) the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known;
(C) the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance;
(D) the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance;
(E) the period of time during which the electronic surveillance is approved; and
(F) whenever more than one electronic, mechanical, or other surveillance device is to be used under the order, the authorized coverage of the devices involved and what minimization procedures shall apply to information subject to acquisition by each device.
(2) Directions.— An order approving an electronic surveillance under this section shall direct—
(A) that the minimization procedures be followed;
(B) that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person, or in circumstances where the Court finds, based upon specific facts provided in the application, that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons, furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;
(C) that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Justice Minister and the Director of National Intelligence any records concerning the surveillance or the aid furnished that such person wishes to retain; and
(D) that the applicant compensate, at the prevailing rate, such carrier, landlord, custodian, or other person for furnishing such aid.
(3) Special directions for certain orders.— An order approving an electronic surveillance under this section in circumstances where the nature and location of each of the facilities or places at which the surveillance will be directed is unknown shall direct the applicant to provide notice to the court within ten days after the date on which surveillance begins to be directed at any new facility or place, unless the court finds good cause to justify a longer period of up to 60 days, of—
(A) the nature and location of each new facility or place at which the electronic surveillance is directed;
(B) the facts and circumstances relied upon by the applicant to justify the applicant’s belief that each new facility or place at which the electronic surveillance is directed is or was being used, or is about to be used, by the target of the surveillance;
(C) a statement of any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed; and
(D) the total number of electronic surveillances that have been or are being conducted under the authority of the order.
(d) Exclusion of certain information respecting foreign power targets
Whenever the target of the electronic surveillance is a foreign power, as defined in section 1 (a)(1), (2), or (3) of this chapter, and each of the facilities or places at which the surveillance is directed is owned, leased, or exclusively used by that foreign power, the order need not contain the information required by subparagraphs (C), (D), and (F) of subsection (c)(1) of this section, but shall generally describe the information sought, the communications or activities to be subjected to the surveillance, and the type of electronic surveillance involved, including whether physical entry is required.
(e) Duration of order; extensions; review of circumstances under which information was acquired, retained or disseminated
(1) An order issued under this section may approve an electronic surveillance for the period necessary to achieve its purpose, or for ninety days, whichever is less, except that
(A) an order under this section shall approve an electronic surveillance targeted against a foreign power, as defined in section 1 (a)(1), (2), or (3) of this chapter, for the period specified in the application or for one year, whichever is less, and
(B) an order under this chapter for a surveillance targeted against an agent of a foreign power who is not a Lodamese person may be for the period specified in the application or for 120 days, whichever is less.
(2) Extensions of an order issued under this chapter may be granted on the same basis as an original order upon an application for an extension and new findings made in the same manner as required for an original order, except that
(A) an extension of an order under this chapter for a surveillance targeted against a foreign power, as defined in section 1 (a)(5) or (6) of this chapter, or against a foreign power as defined in section 1 (a)(4) of this chapter that is not a Lodamese person, may be for a period not to exceed one year if the judge finds probable cause to believe that no communication of any individual Lodamese person will be acquired during the period, and
(B) an extension of an order under this chapter for a surveillance targeted against an agent of a foreign power who is not a Lodamese person may be for a period not to exceed 1 year.
(3) At or before the end of the period of time for which electronic surveillance is approved by an order or an extension, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning Lodamese persons was acquired, retained, or disseminated.
(f) Emergency orders
Notwithstanding any other provision of this chapter, when the Justice Minister reasonably determines that—
(1) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and
(2) the factual basis for issuance of an order under this chapter to approve such surveillance exists;
he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 3 of this chapter is informed by the Justice Minister or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this chapter is made to that judge as soon as practicable, but not more than 72 hours after the Justice Minister authorizes such surveillance. If the Justice Minister authorizes such emergency employment of electronic surveillance, he shall require that the minimization procedures required by this chapter for the issuance of a judicial order be followed. In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 72 hours from the time of authorization by the Justice Minister, whichever is earliest. In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of Lodamun, a State, or political subdivision thereof, and no information concerning any Lodamese person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Justice Minister if the information indicates a threat of death or serious bodily harm to any person. A denial of the application made under this subsection may be reviewed as provided in section 3 of this chapter.
(g) Testing of electronic equipment; discovering unauthorized electronic surveillance; training of intelligence personnel
Notwithstanding any other provision of this chapter, officers, employees, or agents of Lodamun are authorized in the normal course of their official duties to conduct electronic surveillance not targeted against the communications of any particular person or persons, under procedures approved by the Justice Minister, solely to—
(1) test the capability of electronic equipment, if—
(A) it is not reasonable to obtain the consent of the persons incidentally subjected to the surveillance;
(B) the test is limited in extent and duration to that necessary to determine the capability of the equipment;
(C) the contents of any communication acquired are retained and used only for the purpose of determining the capability of the equipment, are disclosed only to test personnel, and are destroyed before or immediately upon completion of the test; and:
(D) Provided, That the test may exceed ninety days only with the prior approval of the Justice Minister;
(2) determine the existence and capability of electronic surveillance equipment being used by persons not authorized to conduct electronic surveillance, if—
(A) it is not reasonable to obtain the consent of persons incidentally subjected to the surveillance;
(B) such electronic surveillance is limited in extent and duration to that necessary to determine the existence and capability of such equipment; and
(C) any information acquired by such surveillance is used only to enforce the laws or to protect information from unauthorized surveillance; or
(3) train intelligence personnel in the use of electronic surveillance equipment, if—
(A) it is not reasonable to—
(i) obtain the consent of the persons incidentally subjected to the surveillance;
(ii) train persons in the course of surveillances otherwise authorized by this chapter; or
(iii) train persons in the use of such equipment without engaging in electronic surveillance;
(B) such electronic surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment; and
(C) no contents of any communication acquired are retained or disseminated for any purpose, but are destroyed as soon as reasonably possible.
(h) Retention of certifications, applications and orders
Certifications made by the Justice Minister pursuant to section 2 (a) of this chapter and applications made and orders granted under this chapter shall be retained for a period of at least ten years from the date of the certification or application.
(i) Bar to legal action
No cause of action shall lie in any court against any provider of a wire or electronic communication service, landlord, custodian, or other person (including any officer, employee, agent, or other specified person thereof) that furnishes any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance under this chapter for electronic surveillance or physical search.

Section 6- Use of Information

(a) Compliance with minimization procedures; privileged communications; lawful purposes
Information acquired from an electronic surveillance conducted pursuant to this chapter concerning any Lodamese person may be used and disclosed by Federal officers and employees without the consent of Lodamun person only in accordance with the minimization procedures required by this chapter. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this chapter may be used or disclosed by Federal officers or employees except for lawful purposes.
(b) Statement for disclosure
No information acquired pursuant to this chapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Justice Minister.
(c) Notification by Lodamese
Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of Lodamun, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this chapter, the Government shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to so disclose or so use such information.
(d) Notification by States or political subdivisions
Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof, against an aggrieved person any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this chapter, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Justice Minister that the State or political subdivision thereof intends to so disclose or so use such information.
(e) Motion to suppress
Any person against whom evidence obtained or derived from an electronic surveillance to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of Lodamun, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such electronic surveillance on the grounds that—
(1) the information was unlawfully acquired; or
(2) the surveillance was not made in conformity with an order of authorization or ­approval.
Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion.
(f) In camera and ex parte review by district court
Whenever a court or other authority is notified pursuant to subsection (c) or (d) of this section, or whenever a motion is made pursuant to subsection (e) of this section, or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of Lodamun or any State before any court or other authority of Lodamun or any State to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under this chapter, Lodamun district court or, where the motion is made before another authority, Lodamun district court in the same district as the authority, shall, notwithstanding any other law, if the Justice Minister files an affidavit under oath that disclosure or an adversary hearing would harm the national security of Lodamun, review in camera and ex parte the application, order, and such other materials relating to the surveillance as may be necessary to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted. In making this determination, the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the surveillance only where such disclosure is necessary to make an accurate determination of the legality of the surveillance.
(g) Suppression of evidence; denial of motion
If Lodamun district court pursuant to subsection (f) of this section determines that the surveillance was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from electronic surveillance of the aggrieved person or otherwise grant the motion of the aggrieved person. If the court determines that the surveillance was lawfully authorized and conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
(h) Finality of orders
Orders granting motions or requests under subsection (g) of this section, decisions under this section that electronic surveillance was not lawfully authorized or conducted, and orders of Lodamun district court requiring review or granting disclosure of applications, orders, or other materials relating to a surveillance shall be final orders and binding upon all courts of Lodamun and the several States except a Lodamese court of appeals and the Supreme Court.
(i) Destruction of unintentionally acquired information
In circumstances involving the unintentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within Lodamun, such contents shall be destroyed upon recognition, unless the Justice Minister determines that the contents indicate a threat of death or serious bodily harm to any person.
(j) Notification of emergency employment of electronic surveillance; contents; postponement, suspension or elimination
If an emergency employment of electronic surveillance is authorized under section 5 (e) [1] of this chapter and a subsequent order approving the surveillance is not obtained, the judge shall cause to be served on any Lodamese person named in the application and on such other Lodamese persons subject to electronic surveillance as the judge may determine in his discretion it is in the interest of justice to serve, notice of—
(1) the fact of the application;
(2) the period of the surveillance; and
(3) the fact that during the period information was or was not obtained.
On an ex parte showing of good cause to the judge the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed ninety days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection.
(k) Coordination with law enforcement on national security matters
(1) Federal officers who conduct electronic surveillance to acquire foreign intelligence information under this chapter may consult with Federal law enforcement officers or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to coordinate efforts to investigate or protect against—
(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.
(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 4 (a)(7)(B) of this chapter or the entry of an order under section 5 of this chapter.

Section 7- Report to Administrative Office of Lodamun Court and to Parliament

In April of each year, the Justice Minister shall transmit to the Administrative Office of Lodamun's Supreme Court and to Parliament a report setting forth with respect to the preceding calendar year—
(a) the total number of applications made for orders and extensions of orders approving electronic surveillance under this chapter; and
(b) the total number of such orders and extensions either granted, modified, or denied.

Section 8- Report of Justice Minister to Parliamentary committees; limitation on authority or responsibility of information gathering activities of Parliamentary committees; report of Parliamentary committees to Parliament

(a)
(1) On a semiannual basis the Justice Minister shall fully inform the Parliament's Permanent Select Committee on Intelligence and the Committee on the Judiciary of the Parliament, concerning all electronic surveillance under this chapter. Nothing in this chapter shall be deemed to limit the authority and responsibility of the appropriate committees of Parliament to obtain such information as they may need to carry out their respective functions and duties.
(2) Each report under the first sentence of paragraph (1) shall include a description of—
(A) the total number of applications made for orders and extensions of orders approving electronic surveillance under this chapter where the nature and location of each facility or place at which the electronic surveillance will be directed is unknown;
(B) each criminal case in which information acquired under this chapter has been authorized for use at trial during the period covered by such report; and
(C) the total number of emergency employments of electronic surveillance under section 5 (f) of this chapter and the total number of subsequent orders approving or denying such electronic surveillance.
(b) On or before one year after October 25, 2770, and on the same day each year for four years thereafter, the Parliament's Permanent Select Committee on Intelligence shall report to Parliament, concerning the implementation of this chapter. Said reports shall include but not be limited to an analysis and recommendations concerning whether this chapter should be
(1) amended,
(2) repealed, or
(3) permitted to continue in effect without amendment.

Section 9- Criminal Sanctions

(a) Prohibited activities
A person is guilty of an offense if he intentionally—
(1) engages in electronic surveillance under color of law except as authorized by statute; or
(2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute.
(b) Defense
It is a defense to a prosecution under subsection (a) of this section that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
(c) Penalties
An offense described in this section is punishable by a fine of not more than $10,000 LOD or imprisonment for not more than five years, or both.
(d) Federal jurisdiction
There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of Lodamun at the time the offense was committed.

Section 10- Civil Liability

An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1 (a) or (b)(1)(A) of this chapter, respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 9 of this chapter shall have a cause of action against any person who committed such violation and shall be entitled to recover—
(a) actual damages, but not less than liquidated damages of $1,000 LOD or $100 LOD per day for each day of violation, whichever is greater;
(b) punitive damages; and
(c) reasonable attorney’s fees and other investigation and litigation costs reasonably incurred.

Section 11- Authorization during time of war

Notwithstanding any other law, the President, through the Justice Minister, may authorize electronic surveillance without a court order under this chapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Parliament.






Chapter 2- Physical Searches

Section 1- Definitions

As used in this chapter:
(1) The terms “foreign power”, “agent of a foreign power”, “international terrorism”, “sabotage”, “foreign intelligence information”, “Justice Minister”, “Lodamese person”, “Lodamun”, “person”, and “State” shall have the same meanings as in section 1 of this chapter, except as specifically provided by this chapter.
(2) “Aggrieved person” means a person whose premises, property, information, or material is the target of physical search or any other person whose premises, property, information, or material was subject to physical search.
(3) “Foreign Intelligence Surveillance Court” means the court established by section 3 (a) of this chapter.
(4) “Minimization procedures” with respect to physical search, means—
(A) specific procedures, which shall be adopted by the Justice Minister, that are reasonably designed in light of the purposes and technique of the particular physical search, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting Lodamese persons consistent with the need of Lodamun to obtain, produce, and disseminate foreign intelligence information;
(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 1 (e)(1) of this chapter, shall not be disseminated in a manner that identifies any Lodamese person, without such person’s consent, unless such person’s identity is necessary to understand such foreign intelligence information or assess its importance;
(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and
(D) notwithstanding subparagraphs (A), (B), and (C), with respect to any physical search approved pursuant to section 2 (a) of this chapter, procedures that require that no information, material, or property of a Lodamese person shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 4 of this chapter is obtained or unless the Justice Minister determines that the information indicates a threat of death or serious bodily harm to any person.
(5) “Physical search” means any physical intrusion within Lodamun into premises or property (including examination of the interior of property by technical means) that is intended to result in a seizure, reproduction, inspection, or alteration of information, material, or property, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, but does not include
(A) “electronic surveillance”, as defined in section 1 (f) of this chapter, or
(B) the acquisition by Lodamun's Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 1 (f) of this chapter.

Section 2- Authorization of physical searches for foreign intelligence purposes

(a) Presidential authorization
(1) Notwithstanding any other provision of law, the President, acting through the Justice Minister, may authorize physical searches without a court order under this chapter to acquire foreign intelligence information for periods of up to one year if—
(A) the Justice Minister certifies in writing under oath that—
(i) the physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers (as defined in section 1 (a)(1), (2), or (3) of this chapter);
(ii) there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a Lodamese person; and
(iii) the proposed minimization procedures with respect to such physical search meet the definition of minimization procedures under paragraphs (1) through (4) [1] of section 1 (4) of this chapter; and
(B) the Justice Minister reports such minimization procedures and any changes thereto to the Parliament's Permanent Select Committee on Intelligence at least 30 days before their effective date, unless the Justice Minister determines that immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.
(2) A physical search authorized by this subsection may be conducted only in accordance with the certification and minimization procedures adopted by the Justice Minister. The Justice Minister shall assess compliance with such procedures and shall report such assessments to the Parliament's Permanent Select Committee on Intelligence under the provisions of section 6 of this chapter.
(3) The Justice Minister shall immediately transmit under seal to the Foreign Intelligence Surveillance Court a copy of the certification. Such certification shall be maintained under security measures established by the Chief Justice of Lodamun with the concurrence of the Justice Minister, in consultation with the Director of National Intelligence, and shall remain sealed unless—
(A) an application for a court order with respect to the physical search is made under section 1 (4) of this chapter and section 3 of this chapter; or
(B) the certification is necessary to determine the legality of the physical search under section 5 (g) of this chapter.
(4)
(A) With respect to physical searches authorized by this subsection, the Justice Minister may direct a specified landlord, custodian, or other specified person to—
(i) furnish all information, facilities, or assistance necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search; and
(ii) maintain under security procedures approved by the Justice Minister and the Director of National Intelligence any records concerning the search or the aid furnished that such person wishes to retain.
(B) The Government shall compensate, at the prevailing rate, such landlord, custodian, or other person for furnishing such aid.
(b) Application for order; authorization
Applications for a court order under this chapter are authorized if the President has, by written authorization, empowered the Justice Minister to approve applications to the Foreign Intelligence Surveillance Court. Notwithstanding any other provision of law, a judge of the court to whom application is made may grant an order in accordance with section 4 of this chapter approving a physical search in Lodamun of the premises, property, information, or material of a foreign power or an agent of a foreign power for the purpose of collecting foreign intelligence information.
(c) Jurisdiction of Foreign Intelligence Surveillance Court
The Foreign Intelligence Surveillance Court shall have jurisdiction to hear applications for and grant orders approving a physical search for the purpose of obtaining foreign intelligence information anywhere within Lodamun under the procedures set forth in this chapter, except that no judge shall hear the same application which has been denied previously by another judge designated under section 3 (a) of this chapter. If any judge so designated denies an application for an order authorizing a physical search under this chapter, such judge shall provide immediately for the record a written statement of each reason for such decision and, on motion of Lodamun, the record shall be transmitted, under seal, to the court of review established under section 3 (b) of this chapter.
(d) Court of review; record; transmittal to Supreme Court
The court of review established under section 3 (b) of this chapter shall have jurisdiction to review the denial of any application made under this chapter. If such court determines that the application was properly denied, the court shall immediately provide for the record a written statement of each reason for its decision and, on petition of Lodamun for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.
(e) Expeditious conduct of proceedings; security measures for maintenance of records
Judicial proceedings under this chapter shall be concluded as expeditiously as possible. The record of proceedings under this chapter, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice of Lodamun in consultation with the Justice Minister and the Director of National Intelligence.

Continues on Part II

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