50 U.S.C. § 1874 — Public reporting by persons subject to orders
submitted 11 years ago by Pub. L. 95-511 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 857 words · no verdicts yet
A person subject to a nondisclosure requirement may publish certain periodic counts of national-security orders, directives, letters, and targeted customer selectors. The section sets several reporting formats, time periods, a joint-publication option, and definitions for “contents” and “national security letter.”
(a) Reporting. A person subject to a nondisclosure requirement accompanying an order or directive under this chapter or a national security letter may publicly report information about it using one of these formats. (1) A semiannual report may use separate categories and bands of 1,000 beginning at 0–999 for: (A) national security letters received; (B) customer selectors targeted by those letters; (C) orders or directives received together under this chapter for contents; (D) customer selectors targeted under those contents orders or directives; (E) orders received under this chapter for noncontents; and (F) customer selectors targeted under those noncontents orders. The report may do this under (i) subchapter III; (ii) subchapter IV applications described in section 1861(b)(2)(B) of this title; and (iii) subchapter IV applications described in section 1861(b)(2)(C) of this title. (2) A semiannual report may instead use separate categories and bands of 500 beginning at 0–499 for the same six categories: (A) letters received; (B) selectors targeted by letters; (C) combined contents orders or directives; (D) selectors targeted under those contents orders or directives; (E) noncontents orders; and (F) selectors targeted under those noncontents orders. (3) A semiannual report may instead use bands of 250 beginning at 0–249 for: (A) the combined total of all national-security process received, including all letters and orders or directives under this chapter; and (B) the combined total of customer selectors targeted under all that process. (4) An annual report may use bands of 100 beginning at 0–99 for: (A) the combined total of all national-security process received, including all letters and orders or directives under this chapter; and (B) the combined total of selectors targeted under all that process.
(b) Reporting period. (1) A report under paragraph (1) or (2) of subsection (a) may include only: (A) information about national security letters from the previous 180 days; and (B) information about authorities under this chapter from the 180-day period ending on a date at least 180 days before the report’s publication date. However, for a platform, product, or service for which the person had not previously received an order or directive—excluding an enhancement or iteration of an existing publicly available platform, product, or service—the report may not include information about the new order or directive until 540 days after it was received. (2) A report under paragraph (3) of subsection (a) may include only information from the previous 180 days. (3) A report under paragraph (4) may include only information from the one-year period ending on a date at least one year before publication.
(c) Other agreed publication. This section does not prevent the Government and a person from jointly agreeing to publish the information described here at a different time, in a different form, or in a different manner.
(d) Definitions. (1) “Contents” has the meaning given in section 2510 of title 18. This section does not define the quoted term. (2) “National security letter” has the meaning given in section 1873 of this title. This section does not define the quoted term.
A person subject to a nondisclosure requirement accompanying an order or directive under this chapter or a national security letter may, with respect to such order, directive, or national security letter, publicly report the following information using one of the following structures:
A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—
the number of national security letters received, reported in bands of 1000 starting with 0–999;
the number of customer selectors targeted by national security letters, reported in bands of 1000 starting with 0–999;
the number of orders or directives received, combined, under this chapter for contents, reported in bands of 1000 starting with 0–999;
the number of customer selectors targeted under orders or directives received, combined, under this chapter for contents, reported in bands of 1000 starting with 0–999;
the number of orders received under this chapter for noncontents, reported in bands of 1000 starting with 0–999; and
the number of customer selectors targeted under orders under this chapter for noncontents, reported in bands of 1000 starting with 0–999, pursuant to—
subchapter III;
subchapter IV with respect to applications described in section 1861(b)(2)(B) 1 of this title; and
subchapter IV with respect to applications described in section 1861(b)(2)(C) 1 of this title.
A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—
the number of national security letters received, reported in bands of 500 starting with 0–499;
the number of customer selectors targeted by national security letters, reported in bands of 500 starting with 0–499;
the number of orders or directives received, combined, under this chapter for contents, reported in bands of 500 starting with 0–499;
the number of customer selectors targeted under orders or directives received, combined, under this chapter for contents, reported in bands of 500 starting with 0–499;
the number of orders received under this chapter for noncontents, reported in bands of 500 starting with 0–499; and
the number of customer selectors targeted under orders received under this chapter for noncontents, reported in bands of 500 starting with 0–499.
A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—
the total number of all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 250 starting with 0–249; and
the total number of customer selectors targeted under all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 250 starting with 0–249.
An annual report that aggregates the number of orders, directives, and national security letters the person was required to comply with into separate categories of—
the total number of all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 100 starting with 0–99; and
the total number of customer selectors targeted under all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 100 starting with 0–99.
A report described in paragraph (1) or (2) of subsection (a) shall include only information—
relating to national security letters for the previous 180 days; and
relating to authorities under this chapter for the 180-day period of time ending on the date that is not less than 180 days prior to the date of the publication of such report, except that with respect to a platform, product, or service for which a person did not previously receive an order or directive (not including an enhancement to or iteration of an existing publicly available platform, product, or service) such report shall not include any information relating to such new order or directive until 540 days after the date on which such new order or directive is received.
A report described in paragraph (3) of subsection (a) shall include only information relating to the previous 180 days.
A report described in paragraph (4) of subsection (a) shall include only information for the 1-year period of time ending on the date that is not less than 1 year prior to the date of the publication of such report.
Nothing in this section prohibits the Government and any person from jointly agreeing to the publication of information referred to in this subsection in a time, form, or manner other than as described in this section.
In this section:
The term “national security letter” has the meaning given that term under section 1873 of this title.
Source credit: (Pub. L. 95–511, title VI, § 604, as added Pub. L. 114–23, title VI, § 603(a), June 2, 2015, 129 Stat. 295; amended Pub. L. 115–118, title II, § 205(a)(4), Jan. 19, 2018, 132 Stat. 21.)
- 2015Enacted · Pub. L. 95-511 · 129 Stat. 295
- 2018Amended · Pub. L. 115-118 · 132 Stat. 21
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-511 on 2015-06-02.
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