PUBLIC LAW 95-511—OCT. 2 5 , 1978
oral communications or to conduct electronic surveillance, as defined
in section 101 of the Foreign Intelligence Surveillance Act of 1978, if
the common carrier, its officers, employees, or agents, landlord,
custodian, or other specified person, has been provided with—
" ( A ) a court order directing such assistance signed by the
authorizing judge, or
" ( B ) a certification in writing by a person specified in section
2518(7) of this title or the Attorney General of the United States
t h a t no w a r r a n t or court order is required by law, t h a t all statutory
requirements have been met, and that the specified assistance is
required,
setting forth the period of time during which the provision of the
information, facilities, or technical assistance is authorized and
specifying the information, facilities, or technical assistance required.
No communication common carrier, officer, employee, or agent thereof,
or landlord, custodian, or other specified person shall disclose the
existence of any interception or surveillance or the device used to
accomplish the interception or surveillance with respect to which the
person has been furnished an order or cei'tification under this
subparagraph, except as may otherwise be required b}'^ legal process
and then only after prior notification to the Attorney General or to
the principal prosecuting attorney of a State or any political
subdivision of a State, as may be appropriate. Any violation of this
s u b p a r a g r a p h by a communication common carrier or an officer,
employee, or agent thereof, shall render the carrier liable for the civil
damages provided for in section 2520. No cause of action shall lie in
any court against any communication common carrier, its officers,
employees, or agents, landlord, custodian, or other specified person for
providing information, facilities, or assistance in accordance with the
terms of an order or certification under this subparagraph.".
(b) Section 2511(2) is amended by adding at the end thereof
the following new provisions:
" ( e ) Notwithstanding any other provision of this title or section
605 or 606 of the Communications Act of 1934, it shall not be unlawful
for an officer, employee, or agent of the United States in the normal
course of his official duty to conduct electronic surveillance, avS defined
in section 101 of the Foreign Intelligence Surveillance Act of 1978, as
authorized by t h a t Act.
" ( f ) Nothing contained in this chapter, or section 605 of the
Communications Act of 1934, shall be deemed to affect the acquisition
by the United States Government of foreign intelligence information
from international or foreign communications by a means other than
electronic surveillance as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978, and procedures in this chapter
and the Foreign Intelligence Surveillance Act of 1978 shall be the
exclusive means by which electronic surveillance, as defined in section
101 of such Act, and the interception of domestic w^ire and oral communications may be conducted.".
(c) Section 2511 (3) is repealed.
(d) Section 2518(1) is amended by inserting "under this
chapter" after "communication".
(e) Section 2518(4) is amended by inserting "under this
chapter" after both appearances of "wire or oral communication".
(f) Section 2518(9) is amended by striking out "intercepted"
and inserting "intercepted pursuant to this chapter" after
"communication".
92 STAT. 1797
18 u s e 2518.
Disclosure of
information,
prohibition.
18 u s e 2520.
18 u s e 2511.
47 u s e 605,
606.
Repeal.
18 u s e 2511.
18 u s e 2518.