2011 US Code
Title 50 - War and National Defense
Chapter 36 - FOREIGN INTELLIGENCE SURVEILLANCE (§§ 1801 - 1885c)
Subchapter VII - PROTECTION OF PERSONS ASSISTING THE GOVERNMENT (§§ 1885 - 1885c)
Section 1885b - Preemption

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 50 - WAR AND NATIONAL DEFENSE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 50 - WAR AND NATIONAL DEFENSE
CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
SUBCHAPTER VII - PROTECTION OF PERSONS ASSISTING THE GOVERNMENT
Sec. 1885b - Preemption
Containssection 1885b
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawNo
Dispositionstandard
Source CreditPub. L. 95-511, title VIII, §803, as added Pub. L. 110-261, title II, §201, July 10, 2008, 122 Stat. 2470.
Statutes at Large Reference122 Stat. 2470
Public Law ReferencesPublic Law 95-511, Public Law 110-261

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50 USC § 1885b (2011)
§1885b. Preemption (a) In general

No 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.

(c) Jurisdiction

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.)

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