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June 21, 2008


A little bit of preemption with your FISA

With federal preemption being such a hot topic in Congress and legal/lobbying circles, we'd be remiss not to note this language in H.R. 6304, the FISA Amendments Act.

SEC. 803. 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.


Posted by Carter Wood at 8:15 AM | TrackBack (0)



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