Law Enforcement Access to Data Stored Abroad Act
The source supplies the latest action, but no lifecycle stage.
Latest action (31 Mar 2015): Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
What this bill does
H.R. 1174, the "Law Enforcement Access to Data Stored Abroad Act," would amend the federal Electronic Communications Privacy Act (title 18, U.S. Code) to clarify when U.S. law enforcement can use warrants to obtain electronic communications content held by service providers. The bill would generally require a warrant for law enforcement to access communications content, and would allow such a warrant to reach data stored outside the United States only when the account holder is a "United States person" (a citizen, permanent resident, or U.S.-organized entity). It would let courts modify or vacate such a warrant if compliance would force a provider to violate foreign law, and it would set new notice requirements informing customers when their data has been obtained, subject to delay in certain circumstances. The bill also directs the Attorney General to create a standardized form and online tracking system for foreign governments' mutual legal assistance treaty (MLAT) requests, publish annual statistics on MLAT request processing times, and notify the State Department of certain disclosures.
The bill primarily affects federal, state, and local law enforcement agencies, electronic communication and remote computing service providers (such as email and cloud storage companies), and their customers, particularly U.S. persons whose data may be stored on servers abroad. It also affects foreign governments seeking data through MLAT requests. The bill additionally expresses a nonbinding "sense of Congress" opposing foreign data-localization requirements.
Introduced on February 27, 2015, by Rep. Tom Marino with bipartisan co-sponsors, the bill was referred to the House Judiciary Committee. It did not receive a vote and did not advance further in the 114th Congress.
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
31 Mar 2015
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Common questions
- What does H.R. 1174 do?
- H.R. 1174, the "Law Enforcement Access to Data Stored Abroad Act," would amend the federal Electronic Communications Privacy Act (title 18, U.S. Code) to clarify when U.S. law enforcement can use warrants to obtain electronic communications content held by service providers. The bill would generally require a warrant for law enforcement to access communications content, and would allow such a warrant to reach data stored outside the United States only when the account holder is a "United States person" (a citizen, permanent resident, or U.S.-organized entity). It would let courts modify or vacate such a warrant if compliance would force a provider to violate foreign law, and it would set new notice requirements informing customers when their data has been obtained, subject to delay in certain circumstances. The bill also directs the Attorney General to create a standardized form and online tracking system for foreign governments' mutual legal assistance treaty (MLAT) requests, publish annual statistics on MLAT request processing times, and notify the State Department of certain disclosures. The bill primarily affects federal, state, and local law enforcement agencies, electronic communication and remote computing service providers (such as email and cloud storage companies), and their customers, particularly U.S. persons whose data may be stored on servers abroad. It also affects foreign governments seeking data through MLAT requests. The bill additionally expresses a nonbinding "sense of Congress" opposing foreign data-localization requirements. Introduced on February 27, 2015, by Rep. Tom Marino with bipartisan co-sponsors, the bill was referred to the House Judiciary Committee. It did not receive a vote and did not advance further in the 114th Congress.
- Has H.R. 1174 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 1174. Check the latest action and official source below.
- Who sponsored H.R. 1174?
- H.R. 1174 was sponsored by Rep. Marino, Tom [R-PA-10] (R-PA), with 137 cosponsors.
- What's the latest action on H.R. 1174?
- Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. (31 Mar 2015).
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