Pub. L. 115-141, div. V, sec. 104 (as amended)

ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS LAWS.

Year: 2026Length: 550 wordsOfficial source
SEC. 104. ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS LAWS. Title 18, United States Code, is amended— (1) in chapter 119— (A) in section 2511(2), by adding at the end the following: “(j) It shall not be unlawful under this chapter for a provider of electronic communication service to the public or remote computing service to intercept or disclose the contents of a wire or electronic communication in response to an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523.” ; and (B) in section 2520(d), by amending paragraph (3) to read as follows: “(3) a good faith determination that section 2511(3), 2511(2)(i), or 2511(2)(j) of this title permitted the conduct complained of;” ; (2) in chapter 121— (A) in section 2702— (i) in subsection (b)— (I) in paragraph (8), by striking the period at the end and inserting “; or”; and (II) by adding at the end the following: “(9) to a foreign government pursuant to an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523.” ; and (ii) in subsection (c)— (I) in paragraph (5), by striking “or” at the end; (II) in paragraph (6), by striking the period at the end and inserting “; or”; and (III) by adding at the end the following: “(7) to a foreign government pursuant to an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523.” ; and (B) in section 2707(e), by amending paragraph (3) to read as follows: “(3) a good faith determination that section 2511(3), section 2702(b)(9), or section 2702(c)(7) of this title permitted the conduct complained of;” ; and (3) in chapter 206— (A) in section 3121(a), by inserting before the period at the end the following: “or an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523”; and (B) in section 3124— (i) by amending subsection (d) to read as follows: “(d) No Cause of Action Against a Provider Disclosing Information Under This Chapter.—No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with a court order under this chapter, request pursuant to section 3125 of this title, or an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523.” ; and (ii) by amending subsection (e) to read as follows: “(e) Defense.—A good faith reliance on a court order under this chapter, a request pursuant to section 3125 of this title, a legislative authorization, a statutory authorization, or a good faith determination that the conduct complained of was permitted by an order from a foreign government that is subject to executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523, is a complete defense against any civil or criminal action brought under this chapter or any other law.” .
Pub. L. 115-141, div. V, sec. 104 (as amended): ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS LAWS. | Justis AI