,,ii #aadth ,,congress #b;d ,session ,s4 #bihf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #be1 #bjaf ,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 abroad1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,international ,communications ,privacy ,act 4 #b4 ,congressional findings and declaration of purpose ,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 ,congress recognizes the legitimate needs of law enforcement agencies in the ,united ,states to obtain1 through lawful process1 electronic communications relevant to criminal investigations1 as well as the privacy interests of citizens of foreign countries4 ,therefore1 where the ,government seeks to obtain the contents of electronic communications of foreign citizens located outside of the ,united ,states1 this ,act authorizes the use of search warrants only if the foreign government does not have a ,law ,enforcement ,cooperation ,agreement with the ,united ,states or1 if it does have such a ,law ,enforcement ,cooperation ,agreement1 the foreign government does not object to disclosure4 #c4 ,extension 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 provider1 regardless of where such contents may be in electronic storage or otherwise stored1 held1 or maintained1 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 ,an application for a warrant under this section shall include a full and complete statement of the facts and circumstances relied upon and the investigative steps taken to ascertain the nationality and location of the subscriber or customer whose contents are sought by the warrant4 ,any such warrant may be used to require the disclosure of contents of a wire or electronic communication only if the court finds that-- 7#a7 the governmental entity has taken all reasonable steps to establish the nationality and location of the subscriber or customer whose contents are sought2 and 7#b7 at the time the warrant application is made-- 7,a7 there are reasonable grounds to believe that the subscriber or customer whose contents are sought by the warrant is-- 7i7 a ,united ,states person2 7ii7 physically located within the ,united ,states2 7iii7 a national of or located in a foreign country or countries where any of those countries has an applicable ,law ,enforcement ,cooperation ,agreement with the ,united ,states 7or in the case where the warrant application is made on behalf of a foreign government pursuant to a ,law ,enforcement ,cooperation ,agreement with the ,united ,states1 any of those countries has an applicable ,law ,enforcement ,cooperation ,agreement with the requesting foreign government7 and the ,central ,authority for each such country with such a ,law ,enforcement ,cooperation ,agreement provides written certification that the disclosure may be had or does not object to the disclosure within #fj days after formal submission of a request for such certification2 or 7iv7 a national of and located in a foreign country or countries where none of those countries have an applicable ,law ,enforcement ,cooperation ,agreement with the ,united ,states 7or in the case where the warrant application is made on behalf of a foreign government pursuant to a ,law ,enforcement ,cooperation ,agreement with the ,united ,states1 none of those countries have an applicable ,law ,enforcement ,cooperation ,agreement with the requesting foreign government72 or 7,b7 there are no reasonable grounds on which to base a belief as to either the nationality or the location of the subscriber or customer whose contents are sought4 7b7 ,warrant requirements ,upon a motion made promptly by the service provider1 a court issuing a warrant under this section shall modify or vacate such warrant if-- 7#a7 the court finds that the warrant does not meet the requirements of this section or is otherwise unlawful2 or 7#b7 the service provider presents additional information about the subscriber's or customer's physical location1 status as a ,united ,states person1 or status as a national of a foreign country that would cause the court to find that the warrant application would not comply with the requirements of this section4 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 2 7#c7 in section #bgjd7;a77#a71 by striking section #bgjc7;b77#b7 and inserting section #bgjc2 and 7#d7 in section #bgaa-- 7,a7 in paragraph 7#c77;,b7 by striking warrants2 and and inserting warrants22 7,b7 in paragraph 7#d7 by striking thereof4 and inserting thereof22 and 7,c7 by adding at the end the following3 7#e7 the term ,united ,states person means a citizen of the ,united ,states or an alien lawfully admitted for permanent residence 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7772 7#f7 the term ,law ,enforcement ,cooperation ,agreement means-- 7,a7 a mutual legal assistance treaty1 mutual legal assistance agreement1 adherence to the ,convention on ,cybercrime1 signed ,november #ba1 #bjja2 or 7,b7 an executive agreement or treaty between the ,united ,states and one or more countries designed to establish a reciprocal process for notifying and obtaining the consent of the other country or countries in order to obtain the contents of electronic communication pursuant to section #bgjc7;a77#a77;,a77iii71 provided that the ,attorney ,general shall maintain a list of countries with which the ,united ,states has such agreements and shall submit such list1 as and when amended1 to the ,committees on the ,judiciary and ,foreign ,relations of the ,united ,states ,senate and the ,committees on the ,judiciary and ,foreign ,affairs of the ,united ,states ,house of ,representatives1 and shall make it available to the public2 7#g7 the term ,central ,authority means the agency1 department1 office1 or authority of a country responsible for administering a particular ,law ,enforcement ,cooperation ,agreement between that country and another2 and 7#h7 the term national of a foreign country means a citizen1 a lawful resident1 or an entity organized under the laws of a foreign jurisdiction4 4 7b7 ,rule of construction ,nothing in this ,act or the amendments made by this ,act shall be construed to expand the investigative authority of any governmental entity4 #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 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 government2 and 7,c7 a process through which certified approval may be sought for disclosure pursuant to warrants issued under section #bgjc7;a74 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