Law Enforcement Access to Data Stored Abroad Act
The source supplies the latest action, but no lifecycle stage.
Latest action (18 Sep 2014): Read twice and referred to the Committee on the Judiciary.
What this bill does
This bill would change how U.S. law enforcement can obtain electronic communication data stored by companies, even if that data is located outside the United States. Currently, law enforcement can only issue warrants for data stored within the U.S. This bill would allow warrants to reach data stored abroad, provided the account holder is a "United States person" (a U.S. citizen, permanent resident, or U.S. organization). However, a court would have to modify or cancel such a warrant if it required a provider to break foreign law.
The bill also establishes new procedures for handling international requests for data. It would require the Attorney General to create a standardized form for foreign governments to use when making requests through mutual legal assistance treaties (MLATs). Additionally, the Attorney General would establish an online system to track these requests and would annually publish statistics on MLAT requests made by and to the Department of Justice concerning electronic communications data. The bill also includes provisions for notifying customers when their data is accessed through a warrant.
S. 2871 was introduced in the Senate in September 2014 by Senator Orrin Hatch and referred to the Committee on the Judiciary. It has not moved past the introduction stage. If it were to advance, it would need to pass through committee, be voted on by the full Senate, and then go through a similar process in the House of Representatives before it could be sent to the President.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Law Enforcement Access to Data Stored Abroad Act - Amends the federal criminal code to authorize a governmental entity to require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider only pursuant to a warrant issued by a court of competent jurisdiction.
Authorizes such a warrant to require such disclosure regardless of where such contents may be in electronic storage or otherwise stored, held, or maintained by the provider if the holder of the account the contents of which are sought by the warrant is a U.S. person. Requires a court, on a service provider's motion, to modify or vacate such a warrant upon finding that it would require the provider to violate the laws of a foreign country.
Sets forth requirements for government notification of provider customers or subscribers regarding the receipt of communication contents pursuant to such a warrant.
Directs the Attorney General to: (1) establish a form for use by a foreign government filing a mutual legal assistance treaty (MLAT) request; (2) establish an online docketing system for all MLAT requests; and (3) publish statistics annually on MLAT requests made by the Department of Justice (DOJ) to foreign governments, and by foreign governments to DOJ, to obtain the contents of communications or other information or records from a provider of electronic communications or remote computing services.
Expresses the sense of Congress that: (1) data localization requirements imposed by foreign governments on data providers are incompatible with the borderless nature of the Internet, an impediment to online innovation, and unnecessary to meet the needs of law enforcement; and (2) DOJ, the Department of State, and the U.S. Trade Representative should pursue open data flow policies with foreign nations.
Timeline
18 Sep 2014
Read twice and referred to the Committee on the Judiciary.
Common questions
- What does S. 2871 do?
- This bill would change how U.S. law enforcement can obtain electronic communication data stored by companies, even if that data is located outside the United States. Currently, law enforcement can only issue warrants for data stored within the U.S. This bill would allow warrants to reach data stored abroad, provided the account holder is a "United States person" (a U.S. citizen, permanent resident, or U.S. organization). However, a court would have to modify or cancel such a warrant if it required a provider to break foreign law. The bill also establishes new procedures for handling international requests for data. It would require the Attorney General to create a standardized form for foreign governments to use when making requests through mutual legal assistance treaties (MLATs). Additionally, the Attorney General would establish an online system to track these requests and would annually publish statistics on MLAT requests made by and to the Department of Justice concerning electronic communications data. The bill also includes provisions for notifying customers when their data is accessed through a warrant. S. 2871 was introduced in the Senate in September 2014 by Senator Orrin Hatch and referred to the Committee on the Judiciary. It has not moved past the introduction stage. If it were to advance, it would need to pass through committee, be voted on by the full Senate, and then go through a similar process in the House of Representatives before it could be sent to the President.
- Has S. 2871 become law?
- The source does not supply a confirmed lifecycle stage for S. 2871. Check the latest action and official source below.
- Who sponsored S. 2871?
- S. 2871 was sponsored by Sen. Hatch, Orrin G. [R-UT] (R-UT), with 2 cosponsors.
- What's the latest action on S. 2871?
- Read twice and referred to the Committee on the Judiciary. (18 Sep 2014).
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