International Communications Privacy Act
The source supplies the latest action, but no lifecycle stage.
Latest action (25 May 2016): Read twice and referred to the Committee on the Judiciary.
What this bill does
S. 2986, the International Communications Privacy Act, would amend federal law to allow U.S. government agencies to seek warrants for electronic communications stored by service providers, even if those communications are located outside the United States. To obtain such a warrant, the government would have to demonstrate it took reasonable steps to determine the subscriber's nationality and location, and that there are reasonable grounds to believe the subscriber is a U.S. person, physically in the U.S., or a national of a country with a law enforcement cooperation agreement with the U.S.
The bill also outlines procedures for foreign governments to make requests for electronic communications data stored in the U.S. through mutual legal assistance treaties. The Department of Justice would be required to establish a process for these requests and annually publish information about them. The bill defines terms like "United States person" and "Law Enforcement Cooperation Agreement."
This bill was introduced in the Senate in May 2016 and referred to the Committee on the Judiciary. It has not advanced further in the legislative process. If it were to move forward, it would need to be considered by the committee, potentially amended, and then voted on by the full Senate. If passed by the Senate, it would then proceed to the House of Representatives for consideration.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
International Communications Privacy Act
This bill amends the federal criminal code by allowing a governmental entity to require providers of electronic communication services or remote computing services to disclose the contents of communications in electronic storage (e.g., the cloud), regardless of where those communications are located. Thus, a governmental entity may obtain a warrant for electronic communications stored outside of the United States if certain conditions for obtaining the warrant are met.
The bill allows a governmental entity to obtain those communications only if a court finds that the governmental entity has taken all reasonable steps to establish the nationality and location of the subscriber or customer whose communications are sought and that there are reasonable grounds to believe that such subscriber or customer is a U.S. person, a person physically located within the United States, or a national of a foreign country that has a law enforcement cooperation agreement with the United States.
The Department of Justice must: (1) establish a process for foreign governments to file mutual legal assistance treaty requests for obtaining access to electronic communications, and (2) publish annually information concerning those requests.
Timeline
25 May 2016
Read twice and referred to the Committee on the Judiciary.
Common questions
- What does S. 2986 do?
- S. 2986, the International Communications Privacy Act, would amend federal law to allow U.S. government agencies to seek warrants for electronic communications stored by service providers, even if those communications are located outside the United States. To obtain such a warrant, the government would have to demonstrate it took reasonable steps to determine the subscriber's nationality and location, and that there are reasonable grounds to believe the subscriber is a U.S. person, physically in the U.S., or a national of a country with a law enforcement cooperation agreement with the U.S. The bill also outlines procedures for foreign governments to make requests for electronic communications data stored in the U.S. through mutual legal assistance treaties. The Department of Justice would be required to establish a process for these requests and annually publish information about them. The bill defines terms like "United States person" and "Law Enforcement Cooperation Agreement." This bill was introduced in the Senate in May 2016 and referred to the Committee on the Judiciary. It has not advanced further in the legislative process. If it were to move forward, it would need to be considered by the committee, potentially amended, and then voted on by the full Senate. If passed by the Senate, it would then proceed to the House of Representatives for consideration.
- Has S. 2986 become law?
- The source does not supply a confirmed lifecycle stage for S. 2986. Check the latest action and official source below.
- Who sponsored S. 2986?
- S. 2986 was sponsored by Sen. Hatch, Orrin G. [R-UT] (R-UT), with 2 cosponsors.
- What's the latest action on S. 2986?
- Read twice and referred to the Committee on the Judiciary. (25 May 2016).
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