50 U.S.C. § 1885b

Preemption

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(a) In generalNo 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.

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.

(Pub. L. 95–511, title VIII, § 803, as added Pub. L. 110–261, title II, § 201, July 10, 2008, 122 Stat. 2470.)

Notes of Decisions

Cited in 2 cases, 2009–2009 · leading case: In Re Nat'l Sec. Agency Telecomm. Records Litig., 633 F. Supp. 2d 949 (N.D. Cal. 2009).

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In Re Nat'l Sec. Agency Telecomm. Records Litig., 633 F. Supp. 2d 949 (N.D. Cal. 2009). · cites it 2× “The latter six actions by the United States against states are the subject of a separate motion for summary judgment brought under section 803 of FISAAA, 50 U.S.C. § 1885b (Doc. # 536) and a separate order by the court.”

Clayton v. AT & T Commc'ns of Sw., Inc., 630 F. Supp. 2d 1092 (N.D. Cal. 2009). · cites it 3× “110-261, 122 Stat 2436 (FISAAA), which contains a provision, section 803 (eodified at 50 U.S.C. § 1885b), that the United States contends requires dismissal of all six of these actions.”

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