,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bhga  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #ah1
 #bjad ,mr4 ,hatch 7for himself1 ,mr4   
,coons1 and ,mr4 ,heller7 introduced the
 following bill2 which was read twice   
and referred to the ,committee on the   
,judiciary  ,a ,,bill  ,to amend title  
#ah1 ,united ,states ,code1 to safeguard
 data stored abroad from improper       
government access1 and for other        
purposes4  #a4 ,short title  ,this ,act 
may be cited as the ,the ,law           
,enforcement ,access to ,data ,stored   
,abroad ,act4  #b4 ,findings ,congress  
finds the following3 7#a7 ,the          
,electronic ,communications ,privacy    
,act of #aihf 7,public ,law #ii-ejh2    
#ajj ,stat4 #ahdh7 7referred to in this 
section as ,,ecpa7 was intended to      
protect the privacy of electronic       
communications stored with providers of 
electronic communications services and  
remote computing services1 while        
balancing the legitimate needs of law   

enforcement to access records stored by 
such providers4  7#b7 ,to strike this   
balance1 ,,ecpa authorized governmental 
entities to obtain certain categories of
 communications data from providers     
using established1 pre-existing forms of
 process--warrants and subpoenas4 ,it   
also created a new form of court order1 
in section #bgjc7;d7 of title #ah1      
,united ,states ,code1 that governmental
 entities could use to obtain additional
 types of communications data4  7#c7 ,it
 has been well established that courts  
in the ,united ,states lack the power to
 issue warrants authorizing             
extraterritorial searches and seizures1 
and neither ,,ecpa nor subsequent       
amendments extended the warrant power of
 courts in the ,united ,states beyond   
the territorial reach of the ,united    
,states4  7#d7 ,nevertheless1 ,congress 
also recognizes the legitimate needs of 
law enforcement agencies in the ,united 
,states to obtain1 through lawful       
process1 electronic communications      

relevant to criminal investigations     
related to ,united ,states persons      
wherever that content may be stored4    
,therefore1 this ,act authorizes the use
 of search warrants extraterritorially  
only where the ,government seeks to     
obtain the contents of electronic       
communications belonging to a ,united   
,states person4  #c4 ,scope and         
clarification of warrant requirement    
7a7 ,in general ,chapter #aba of title  
#ah1 ,united ,states ,code1 is amended--
 7#a7 in section #bgjb7;a71 by amending 
paragraph 7#c7 to read as follows3  7#c7
 a provider of remote computing service 
or electronic communication service to  
the public shall not knowingly divulge  
to any governmental entity the contents 
of any communication described in       
section #bgjc7;a71 or any record or     
other information pertaining to a       
subscriber or customer of such service4 
2  7#b7 in section #bgjc-- 7,a7 by      
striking subsections 7a7 and 7b7 and    
inserting the following3  7a7 ,contents 

of wire or electronic communication in  
electronic storage ,a governmental      
entity may 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 stored1 held1 
or maintained by the provider only      
pursuant to a warrant issued using the  
procedures described in the ,federal    
,rules of ,criminal ,procedure 7or1 in  
the case of a ,state court1 issued using
 ,state warrant procedures7 by a court  
of competent jurisdiction4 ,subject to  
subsection 7b71 a warrant issued        
pursuant to this subsection may be used 
to require the disclosure of contents of
 a wire or electronic communication that
 are in the provider's electronic       
storage within the ,united ,states or   
otherwise stored1 held1 or maintained   
within the ,united ,states by the       
provider4  7b7 ,warrant requirements ,a 
warrant issued under subsection 7a7 may 

require the disclosure of the contents  
of a wire or electronic communication1  
regardless of where such contents may be
 in electronic storage or otherwise     
stored1 held1 or maintained by the      
provider1 if the account-holder whose   
contents are sought by the warrant is a 
,united ,states person4 ,a court issuing
 a warrant pursuant to this subsection1 
on a motion made promptly by the service
 provider1 shall modify or vacate such  
warrant if the court finds that the     
warrant would require the provider of an
 electronic communications or remote    
computing service to violate the laws of
 a foreign country4  2  7,b7 in         
subsection 7d71 in the first sentence-- 
7i7 by striking 7b7 or2  7ii7 by        
striking the contents of a wire or      
electronic communication1 or2 and  7iii7
 by striking sought1 are and inserting  
sought are2 and  7,c7 by adding at the  
end the following3  7h7 ,rule of        
construction ,nothing in this section or
 in section #bgjb shall be construed to 

limit the authority of a governmental   
entity to use an administrative subpoena
 authorized under a ,federal or ,state  
statute or to use a ,federal or ,state  
grand jury1 trial1 or civil discovery   
subpoena to-- 7#a7 require an           
originator1 addressee1 or intended      
recipient of an electronic communication
 to disclose the contents of the        
electronic communication to the         
governmental entity2 or  7#b7 require an
 entity that provides electronic        
communication services to the officers1 
directors1 employees1 or agents of the  
entity 7for the purpose of carrying out 
their duties7 to disclose the contents  
of an electronic communication to or    
from an officer1 director1 employee1 or 
agent of the entity to a governmental   
entity1 if the electronic communication 
is held1 stored1 or maintained on an    
electronic communications system owned  
or operated by the entity4  7i7 ,notice 
,except as provided in section #bgje1   
not later than #aj business days after a

 governmental entity receives the       
contents of a wire or electronic        
communication of a subscriber or        
customer from a provider of electronic  
communication service or remote         
computing service under subsection 7a71 
the governmental entity shall serve     
upon1 or deliver to by registered or    
first-class mail1 electronic mail1 or   
other means reasonably calculated to be 
effective1 as specified by the court    
issuing the warrant1 the subscriber or  
customer-- 7#a7 a copy of the warrant2  
and  7#b7 notice that informs the       
customer or subscriber-- 7,a7 of the    
nature of the law enforcement inquiry   
with reasonable specificity2 and  7,b7  
that information maintained for the     
customer or subscriber by the provider  
of electronic communication service or  
remote computing service named in the   
process or request was supplied to1 or  
requested by1 the governmental entity4  
2  7#c7 in section #bgjd7;a77#a71 by    
striking section #bgjc7;b77#b7 and      

inserting section #bgjc2  7#d7 in       
section #bgje-- 7,a7 in subsection 7a71 
by striking paragraph 7#a7 and inserting
 the following3  7#a7 ,a governmental   
entity that is seeking a warrant under  
section #bgjc may include in the        
application for the warrant a request1  
which the court shall grant1 for an     
order delaying the notification required
 under section #bgjc7;i7 for a period of
 not more than #ij days1 if the court   
determines that there is reason to      
believe that notification of the        
existence of the warrant may have an    
adverse result described in paragraph   
7#b7 of this subsection4  2 and  7,b7 in
 subsection 7b71 in the matter preceding
 paragraph 7#a71 by striking under      
section #bgjc7;b77#a72 and  7#e7 in     
section #bgaa-- 7,a7 in paragraph       
7#c77;,b7 by striking warrants2 and and 
inserting warrants2  7,b7 in paragraph  
7#d7 by striking thereof4 and inserting 
thereof2 and2 and  7,c7 by adding at the
 end the following3  7#e7 the term      

,united ,states person means a citizen  
or permanent resident alien of the      
,united ,states1 or an entity or        
organization organized under the laws of
 the ,united ,states or a ,state or     
political subdivision thereof4  4  #d4  
,mutual legal assistance treaty reforms 
7a7 ,mutual ,legal ,assistance ,treaty  
,transparency and ,efficiency  7#a7 ,in 
general ,not later than #ahj days after 
the date of enactment of this ,act1 the 
,attorney ,general shall establish--    
7,a7 a form for use by a foreign        
government filing a mutual legal        
assistance treaty request 7referred to  
in this section as an ,,mlat request71  
which shall-- 7i7 be made available on  
the website of the ,department of       
,justice2 and  7ii7 require sufficient  
information and be susceptible for use  
by a foreign government to provide all  
the information necessary for the ,,mlat
 request2 and  7,b7 an online docketing 
system for all ,,mlat requests1 which   
shall allow a foreign government to     

track the status of an ,,mlat request   
filed by the foreign government4  7#b7  
,annual publication ,beginning not later
 than #a year after the date of         
enactment of this ,act1 and each year   
thereafter1 the ,attorney ,general shall
 publish on the website of the          
,department of ,justice statistics on-- 
7,a7 7i7 the number of ,,mlat requests  
made by the ,department of ,justice to  
foreign governments for the purpose of  
obtaining the contents of an electronic 
communication or other information or   
records from a provider of electronic   
communications or remote computing      
services2 and  7ii7 the average length  
of time taken by foreign governments to 
process the ,,mlat requests described in
 clause 7i72 and  7,b7 7i7 the number of
 ,,mlat requests made to the ,department
 of ,justice by foreign governments for 
the purpose of obtaining the contents of
 an electronic communication or other   
information or records from a provider  
of electronic communications or remote  

computing services2 and  7ii7 the       
average length of time taken by the     
,department of ,justice to process the  
,,mlat requests described in clause 7i74
  7#c7 ,notice to ,department of ,state 
,the ,attorney ,general shall notify the
 ,secretary of ,state not later than #g 
days after the date on which disclosure 
of electronic communications content to 
a foreign government is made pursuant to
 an ,,mlat request4  7b7 ,preservation  
of ,records ,the ,attorney ,general may 
issue a request pursuant to section     
#bgjc7;f7 of title #ah1 ,united ,states 
,code1 upon receipt of an ,,mlat request
 that appears to be facially valid4  7c7
 ,notification to ,provider of ,,mlat   
request ,when the ,attorney ,general    
makes use of the process provided in    
section #bgjc of title #ah1 ,united     
,states ,code1 to obtain information    
from an electronic communications       
provider or a remote computing provider 
based on an ,,mlat request1 the         
,attorney ,general shall notify that    

provider in writing that the request has
 been made pursuant to a mutual legal   
assistance treaty4  #e4 ,sense of       
congress ,it is the sense of ,congress  
that-- 7#a7 data localization           
requirements imposed by foreign         
governments on data providers are-- 7,a7
 incompatible with the borderless nature
 of the ,internet2  7,b7 an impediment  
to online innovation2 and  7,c7         
unnecessary to meet the needs of law    
enforcement2 and  7#b7 the ,department  
of ,justice1 the ,department of ,state1 
and the ,united ,states ,trade          
,representatives should pursue open data
 flow policies with foreign nations4