Thursday, December 22, 2005

Breakin' the Law, Breakin' the Law

USC
TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1811
§ 1811. Authorization during time of war
Release date: 2005-03-17

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

And:

TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1809
§ 1809. 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 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 the United States at the time the offense was committed.

From:
TITLE 50 > CHAPTER 36 > SUBCHAPTER I

SUBCHAPTER I?ELECTRONIC SURVEILLANCE

Cornell's Legal Information Institute

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