International Communications Privacy Act
Latest action (27 Jul 2017): Introduced
What this bill does
The International Communications Privacy Act would amend the federal statute governing law enforcement access to electronic communications (the Electronic Communications Privacy Act) to address how U.S. authorities obtain data stored overseas by providers such as email or cloud-service companies. The bill would require the government to obtain a warrant to compel disclosure of the contents of communications regardless of where they are physically stored. For communications belonging to non-U.S. persons located abroad who are nationals of a "qualifying foreign country," it would generally require that the foreign country be notified and given an opportunity to object before a warrant is enforced, unless a court finds U.S. interests outweigh the foreign government's, or unless exceptions apply for national security or risk of tipping off a suspect. The Attorney General, in consultation with the Secretary of State, would determine which countries qualify based on privacy and human-rights standards and reciprocal treatment of U.S. persons.
The bill would affect federal and state law enforcement agencies, electronic communication and remote computing service providers, and individuals—particularly foreign nationals abroad—whose data is sought in criminal investigations. It also directs the Attorney General to create a standardized process, online tracking system, and public reporting for mutual legal assistance treaty (MLAT) requests between the U.S. and foreign governments, aiming to make cross-border data requests more transparent and efficient. The Act specifies it does not expand any government's existing investigative authority.
The bill was introduced by Senator Orrin Hatch, with Senators Coons and Heller as cosponsors, on July 27, 2017, and referred to the Senate Judiciary Committee. It did not receive a vote and did not advance further in the 115th Congress.
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 establishes a framework governing law enforcement access to electronic communications data, regardless of where the data is stored.
Common questions
- What does S. 1671 do?
- The International Communications Privacy Act would amend the federal statute governing law enforcement access to electronic communications (the Electronic Communications Privacy Act) to address how U.S. authorities obtain data stored overseas by providers such as email or cloud-service companies. The bill would require the government to obtain a warrant to compel disclosure of the contents of communications regardless of where they are physically stored. For communications belonging to non-U.S. persons located abroad who are nationals of a "qualifying foreign country," it would generally require that the foreign country be notified and given an opportunity to object before a warrant is enforced, unless a court finds U.S. interests outweigh the foreign government's, or unless exceptions apply for national security or risk of tipping off a suspect. The Attorney General, in consultation with the Secretary of State, would determine which countries qualify based on privacy and human-rights standards and reciprocal treatment of U.S. persons. The bill would affect federal and state law enforcement agencies, electronic communication and remote computing service providers, and individuals—particularly foreign nationals abroad—whose data is sought in criminal investigations. It also directs the Attorney General to create a standardized process, online tracking system, and public reporting for mutual legal assistance treaty (MLAT) requests between the U.S. and foreign governments, aiming to make cross-border data requests more transparent and efficient. The Act specifies it does not expand any government's existing investigative authority. The bill was introduced by Senator Orrin Hatch, with Senators Coons and Heller as cosponsors, on July 27, 2017, and referred to the Senate Judiciary Committee. It did not receive a vote and did not advance further in the 115th Congress.
- Has S. 1671 become law?
- Not yet. As of 27 Jul 2017, S. 1671 is introduced.
- Who sponsored S. 1671?
- S. 1671 was sponsored by Sen. Orrin Hatch [R-UT, 1977-2018] (Republican-UT), with 2 cosponsors.
- What's the latest action on S. 1671?
- Introduced (27 Jul 2017).
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