3.0.0 2402 2023-01-11T13:15:27Z 2023-01-11T13:15:27Z Senate S S 2007-12-03 110 ssju00 Judiciary Committee Senate Standing Referred to 2007-12-03T22:36:19Z 2007-12-03 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2007-12-03 Sponsor introductory remarks on measure. (CR S14703-14704) IntroReferral B00100 9 Library of Congress 2007-12-03 Introduced in Senate IntroReferral 10000 9 Library of Congress S000709 Sen. Specter, Arlen [R-PA] ARLEN SPECTER R PA N Law Armed Forces and National Security Civil actions and liability Commerce Crime and Law Enforcement Discovery (Law) Electronic surveillance Government liability International Affairs Liability (Law) Parties to actions Science, Technology, Communications Telecommunication industry Terrorism Law 00 2007-12-03 Introduced in Senate 2008-05-15T21:09:30Z Foreign Intelligence Surveillance Substitution Act of 2007 - Requires a federal or state court to substitute the United States for an electronic communication service provider with respect to any claim in a covered civil action if the Attorney General certifies to the court that either: (1) the service provider did not provide the alleged assistance; or (2) the assistance alleged to have been provided was in connection with an intelligence activity involving communications authorized by the President between September 11, 2001, and January 17, 2007, and designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States. Requires the alleged provider assistance to be described in a written request or directive from the Attorney General or the head of an element of the intelligence community to the electronic communication service provider indicating that the activity was authorized by the President and determined to be lawful.

Requires a federal or state court, upon receiving such a certification, to: (1) substitute the United States for the electronic communication service provider as the defendant as to all claims designated by the Attorney General in the certification; (2) dismiss all such designated claims against the provider; and (3) enter a final judgment relating to those claims.

Provides that the electronic communication service provider shall remain as a defendant if the Attorney General's certification states that not all of the alleged assistance was provided under a written request or directive.

Provides that, in a covered civil action in which the United States is substituted as a party-defendant, any plaintiff may serve third-party discovery requests to any electronic communications service provider as to which all claims are dismissed.

]]> Foreign Intelligence Surveillance Substitution Act of 2007 Display Title Foreign Intelligence Surveillance Substitution Act of 2007 Short Titles as Introduced Foreign Intelligence Surveillance Substitution Act of 2007 Official Title as Introduced A bill to provide for the substitution of the United States in certain civil actions. Introduced in Senate 2007-12-03T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s2402is/xml/BILLS-110s2402is.xml 2007-12-03 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.