Preemption

50 U.S.C. § 1885b

• Title: 50 — War and National Defense
• Chapter: SUBCHAPTER VII—PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

Text

(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.

History

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