,,ii #aaeth ,,congress #ast ,session ,s4 #afeg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjag ,mr4 ,lee 7for himself and ,mr4 ,leahy7 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 update the privacy protections for electronic communications information that is stored by third-party service providers and for geolocation information in order to protect consumer privacy interests while meeting law enforcement needs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,ecpa ,modernization ,act of #bjag4 #b4 ,warrant for stored content and geolocation information 7a7 ,voluntary disclosure of customer communications or records ,section #bgjb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking divulge and inserting disclose2 and 7ii7 by striking while in electronic storage by that service and inserting that is in electronic storage with or otherwise stored1 held1 or maintained by that service2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a7-- 7i7 by striking to the public2 7ii7 by striking divulge and inserting disclose2 and 7iii7 by striking which is carried or maintained on and inserting that is stored1 held1 or maintained by2 and 7,c7 in paragraph 7#c7-- 7i7 by striking a provider of and inserting a person or entity providing2 7ii7 by inserting 1 or a geolocation service1 after public2 7iii7 by striking divulge and inserting disclose the contents of any communication described in section #bgjc7;a72 7iv7 by striking a record and inserting 1 any records1 geolocation information12 and 7v7 by striking 7not including the contents of communications covered by paragraph 7#a7 or 7#b77 to any governmental entity and inserting to any governmental entity2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking divulge and inserting disclose2 and 7ii7 by inserting wire or electronic before communication2 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 to an originator1 addressee1 or intended recipient of such communication1 to the subscriber or customer on whose behalf the provider stores1 holds1 or maintains such communication1 or to an agent of such addressee1 intended recipient1 subscriber1 or customer2 2 and 7,c7 by striking paragraph 7#c7 and inserting the following3 7#c7 with the lawful consent of the originator1 addressee1 or intended recipient of such communication1 or of the subscriber or customer on whose behalf the provider stores1 holds1 or maintains such communication2 2 and 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking divulge and inserting disclose2 7ii7 by inserting 1 geolocation information1 after record2 and 7iii7 by inserting wire or electronic before communications2 7,b7 in paragraph 7#b7-- 7i7 by striking customer and inserting subscriber2 and 7ii7 by striking or subscriber and inserting or customer2 7,c7 in paragraph 7#e71 by striking or at the end2 7,d7 in paragraph 7#f71 by striking the period at the end and inserting 2 or2 and 7,e7 by adding at the end the following3 7#g7 to a governmental entity as permitted under section #bbb7;d77#d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb7;d77#d77 in order to respond to a call for emergency services by a user of an electronic communications device4 4 7b7 ,required disclosure of customer communications or records ,section #bgjc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the first sentence-- 7i7 by inserting or remote computing service after service2 7ii7 by striking in an electronic communications system for one hundred and eighty days or less1 only pursuant to and inserting with or otherwise stored1 held1 or maintained by the provider only if the governmental entity obtains2 and 7iii7 by inserting directing disclosure before the period at the end2 and 7,b7 by striking the second sentence2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,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 service1 the governmental entity shall serve upon1 or deliver to by registered or first-class mail1 electronic mail1 or other means reasonably calculated to be effective as may be specified by the court issuing the warrant1 the subscriber or customer-- 7#a7 a copy of the warrant or emergency request2 and 7#b7 a notice that includes the information referred to in clauses 7i7 and 7ii7 of section #bgje7;a77#d77;,b74 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking ,a governmental and inserting ,in general4--,subject to paragraph 7#b71 a governmental2 7,,ii7 by inserting 1 geolocation information service1 after communication service2 7,,iii7 by striking to or and inserting or2 7,,iv7 by striking of such service and inserting of the provider or service2 7,v7 by inserting or geolocation information after communications2 and 7,,vi7 by striking when and inserting if2 7ii7 in subparagraph 7,a71 by inserting directing disclosure before the semicolon at the end2 7iii7 in subparagraph 7,b7-- 7,i7 by striking for such and inserting directing2 and 7,,ii7 by striking of this section2 7iv7 in subparagraph 7,c71 by striking the semicolon at the end and inserting 2 or2 7v7 in subparagraph 7,d71 by striking 2 or and inserting a period2 and 7vi7 by striking subparagraph 7,e72 7,b7 in paragraph 7#b7-- 7i7 by striking ,a provider and inserting ,information to be disclosed4--,a governmental entity may require a provider2 7ii7 by inserting 1 geolocation information service1 after communication service2 7iii7 by striking shall disclose to a governmental entity and inserting to disclose1 in response to an administrative subpoena authorized by ,federal or ,state statute1 a grand jury1 trial1 or civil discovery subpoena1 or any means authorized under paragraph 7#a72 and 7iv7 in the matter following subparagraph 7,f7-- 7,i7 by striking such and inserting the provider or2 and 7,,ii7 by striking when the governmental entity uses an administrative subpoena authorized by a ,federal or ,state statute or a ,federal or ,state grand jury or trial subpoena or any means available under paragraph 7#a72 and 7,c7 in paragraph 7#c7-- 7i7 by striking ,a governmental and inserting ,notice not required4--,a governmental2 and 7ii7 by striking receiving and inserting that receives2 7#d7 in subsection 7f77#a7-- 7,a7 by inserting 1 geolocation information service1 after communication services2 7,b7 by striking a remote and inserting remote2 and 7,c7 by inserting 1 geolocation information1 after records2 7#e7 in subsection 7g7-- 7,a7 by inserting 1 geolocation information service1 after communications service2 and 7,b7 by inserting 1 geolocation information1 after of communications2 and 7#f7 by adding at the end the following3 7h7 ,geolocation information 7#a7 ,in general ,a governmental entity may require a provider of electronic communication service1 geolocation information service1 or remote computing service1 to disclose stored geolocation information only pursuant to a warrant issued and executed in accordance with the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures71 issued by a court of competent jurisdiction4 7#b7 ,notice ,except as provided in section #bgje1 not later than #aj business days after a governmental entity acquires stored geolocation information1 the governmental entity shall serve upon1 or deliver to by registered or first-class mail1 electronic mail1 or other means reasonably calculated to be effective as may be specified by the court issuing the warrant1 the subscriber or customer-- 7,a7 a copy of the warrant or emergency request2 and 7,b7 a notice that includes the information referred to in clauses 7i7 and 7ii7 of section #bgje7;a77#d77;,b74 7i7 ,rule of construction related to legal process ,nothing in this section or in section #bgjb shall limit an otherwise lawful authority of a governmental entity to use an administrative subpoena authorized by ,federal or ,state statute1 a grand jury1 trial1 or civil discovery subpoena1 or 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 jurisdiction to-- 7#a7 require an originator1 addressee1 or intended recipient of a wire or electronic communication to disclose a wire or electronic communication 7including the contents of that communication7 to the governmental entity2 7#b7 require a person or entity that provides an electronic communication service to the officers1 directors1 employees1 or agents of the person or entity 7for the purpose of carrying out their duties7 to disclose wire or electronic communication 7including the contents of that communication7 to or from the person or entity itself or to or from an officer1 director1 employee1 or agent of the entity to a governmental entity1 if the wire or electronic communication is stored1 held1 or maintained on an electronic communications system owned1 operated1 or controlled by the person or entity2 or 7#c7 require a person or entity that provides a remote computing service or electronic communication service to disclose a wire or electronic communication 7including the contents of that communication7 that advertises or promotes a product or service and that has been made readily accessible to the general public4 4 7c7 ,cost reimbursement ,section #bgjf7;a7 of title #ah1 ,united ,states ,code1 is amended by inserting geolocation information1 after records14 #c4 ,particularity requirement for stored electronic records ,section #bgjc7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating-- 7,a7 the first and second sentences as paragraph 7#a7 and adjusting the margins accordingly2 and 7,b7 the third sentence as paragraph 7#b7 and adjusting the margins accordingly2 7#b7 in paragraph 7#a71 as redesignated-- 7,a7 in the first sentence-- 7i7 by striking 7b7 or2 and 7ii7 by striking the contents of a wire or electronic communication1 or2 and 7,b7 by inserting ,the court order shall describe with particularity the records or other information to be seized by specifying1 as appropriate and reasonable in light of the specific circumstances of the investigation1 the time periods covered1 the target individuals or accounts1 the applications or services covered1 and the types of information sought4 after investigation42 and 7#c7 in paragraph 7#b71 as redesignated-- 7,a7 by striking 1 if and inserting 1 if--2 7,b7 by striking the information and inserting 7,a7 the information2 7,c7 by inserting 2 or after nature2 and 7,d7 by striking or compliance and inserting 7,b7 compliance4 #d4 ,notice of lawfully obtained information ,section #bgje of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,a governmental entity that is seeking a warrant under subsection 7a7 or 7h7 of section #bgjc may include in the application for the warrant a request for an order delaying the notification required under section #bgjc7;b7 for a period of not more than #ij days4 2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking ,an adverse result for the purposes of paragraph 7#a7 of this subsection is and inserting ,determination4--,a court shall grant a request for delayed notification made under paragraph 7#a7 if the court determines that there is reason to believe1 based on specific and articulable facts1 that notification of the existence of the warrant will result in2 7,c7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,extension ,upon request by a governmental entity1 a court may grant one or more extensions of the delay of notification granted under paragraph 7#b7 of not more than #ij days4 2 7,d7 by redesignating paragraph 7#e7 as paragraph 7#d72 7,e7 in paragraph 7#d71 as redesignated1-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking ,upon and inserting ,expiration of the delay of notification4--,upon2 7,,ii7 by striking 7#a7 or 7#d7 of this subsection and inserting 7#b7 or 7#c72 7,,iii7 by inserting to after deliver2 and 7,,iv7 by striking to1 and inserting 1 electronic mail1 or other means reasonably calculated to be effective as specified by the court approving the search warrant12 7ii7 by striking subparagraph 7,a72 7iii7 by striking a copy of the process or request together with notice that and inserting the following3 7,a7 a copy of the warrant2 and 2 and 7iv7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i7-- 7aa7 by inserting notice that before informs2 and 7bb7 by striking such and inserting the2 7,,ii7 by redesignating-- 7aa7 clauses 7ii7 through 7iv7 as clauses 7iv7 through 7vi71 respectively2 and 7bb7 clause 7i7 as clause 7ii72 7,,iii7 by adding before clause 7ii71 as redesignated1 the following3 7i7 of the nature of the law enforcement inquiry with reasonable specificity2 2 7,,iv7 in clause 7ii71 as redesignated1 by striking to or requested by that governmental authority and the date on which the supplying or request took place and inserting to1 or requested by1 the governmental entity2 7,v7 by inserting after clause 7ii71 as redesignated1 the following3 7iii7 of the date on which the warrant was served on the provider and the date on which the information was provided by the provider to the governmental entity2 2 7,,vi7 in clause 7v71 as redesignated1 by striking what governmental entity or court made the certification or determination pursuant to which that delay was made and inserting the identity of the court authorizing the delay2 and 7,,vii7 in clause 7vi71 as redesignated1 by striking which provision of this chapter allowed such delay and inserting of the provision of this chapter under which the delay was authorized2 and 7,f7 by striking paragraph 7#f72 and 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,preclusion of notice to subject of governmental access 7#a7 ,in general ,a governmental entity that is obtaining the contents of a communication or information or records under section #bgjc may apply to a court for an order directing a provider of electronic communication service1 geolocation service1 or remote computing service to which a warrant1 order1 subpoena1 or other directive under section #bgjc is directed not to notify any other person of the existence of the warrant1 order1 subpoena1 or other directive for a period of not more than #ij days4 7#b7 ,determination ,a court shall grant a request for an order made under paragraph 7#a7 if the court determines that there is reason to believe1 based on specific and articulable facts1 that notification of the existence of the warrant1 order1 subpoena1 or other directive will result in-- 7,a7 endangering the life or physical safety of an individual2 7,b7 flight from prosecution2 7,c7 destruction of or tampering with evidence2 7,d7 intimidation of potential witnesses2 or 7,e7 otherwise seriously jeopardizing an investigation or unduly delaying a trial4 7#c7 ,extension ,upon request by a governmental entity1 a court may grant one or more extensions of an order granted under paragraph 7#b7 of not more than #ij days4 7#d7 ,notification of changed circumstances ,upon conclusion of the investigation for which a warrant1 order1 subpoena1 or other directive under section #bgjc was sought1 or if the need for the nondisclosure order under subparagraph 7#b7 ceases to exist1 the governmental entity that requested the nondisclosure order shall1 within a reasonable period of time1 notify the court of the changed circumstances so that the nondisclosure order can be reassessed or vacated4 7#e7 ,exception ,a provider of electronic communication service or remote computing service to which an order under subsection 7b77#b7 applies1 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7,a7 those persons to whom disclosure is necessary in order to comply with the request2 7,b7 an attorney in order to obtain legal advice or assistance regarding the request2 and 7,c7 upon an application by a provider1 any person the court determines can be notified of the request without causing the adverse result in subparagraph 7#b7 that serves as the basis for the issuance of the nondisclosure order4 7#f7 ,scope of nondisclosure order ,any person to whom disclosure is made under paragraph 7#e7 shall be subject to the nondisclosure requirements applicable to the person to whom the order is issued under subparagraph 7#b7 in the same manner as the person to whom the request is issued4 ,any recipient that discloses to a person information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement4 4 #e4 ,warrant requirement for real-time geolocation information and location tracking 7a7 ,definitions ,section #bgaa of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,b71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting a semicolon2 or 7#c7 by adding at the end the following3 7#e7 the term electronic communications device means any device that enables access to or use of an electronic communications system1 electronic communication service1 remote computing service1 or geolocation information service2 7#f7 the term geolocation information-- 7,a7 means any information concerning the past or current location of an electronic communications device that is in whole or in part generated by or derived from the operation or use of the electronic communications device2 and 7,b7 does not include-- 7i7 information described in section #bgjc7;c77#b72 or 7ii7 the contents of a communication2 and 7#g7 the term geolocation information service means the provision of a service or functionality that uses or collects geolocation information4 4 7b7 ,location tracking of electronic communications device 7#a7 ,in general ,chapter #aba of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bgac4 ,location tracking of electronic communications device 7a7 ,prohibition ,except as provided in subsection 7b71 7c71 or 7d71 or section #bgjb or #bgjc1 no governmental entity may access or use an electronic communications device to acquire geolocation information4 7b7 ,acquisition pursuant to a warrant or court order ,a governmental entity may access or use an electronic communications device to acquire geolocation information if the governmental entity obtains-- 7#a7 a warrant issued and executed in accordance with provisions relating to tracking devices in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures71 issued by a court of competent jurisdiction authorizing the access or use of an electronic communications device to acquire geolocation information2 or 7#b7 a court order under title ,i1 title ,,iii1 or title ,,vii of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq41 #ahba et seq41 and #ahha et seq47 authorizing the access or use of an electronic communications device to acquire geolocation information4 7c7 ,permitted acquisitions without court order ,a governmental entity may access or use an electronic communications device to acquire geolocation information-- 7#a7 as permitted under section #bbb7;d77#d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb7;d77#d77 in order to respond to a call for emergency services by a user of an electronic communications device2 7#b7 with the lawful consent of the owner or authorized user of the electronic communications device concerned2 or 7#c7 if the owner or user of the electronic communications device concerned has knowingly communicated geolocation information in a manner that is readily accessible to the general public4 7d7 ,emergency acquisition of geolocation information 7#a7 ,in general ,subject to paragraph 7#b71 an investigative or law enforcement officer specially designated by the ,attorney ,general1 the ,deputy ,attorney ,general1 the ,associate ,attorney ,general1 any ,assistant ,attorney ,general1 any acting ,assistant ,attorney ,general1 any ,united ,states attorney1 any acting ,united ,states attorney1 or the principal prosecuting attorney of any ,state or political subdivision thereof acting pursuant to a statute of that ,state may access or use an electronic communications device to acquire geolocation information if the investigative or law enforcement officer reasonably determines that-- 7,a7 an emergency situation exists that-- 7i7 involves-- 7,i7 immediate danger of death or serious bodily injury to any person2 or 7,,ii7 an immediate threat to national security2 and 7ii7 requires the access or use of an electronic communications device to acquire geolocation information before an order authorizing the acquisition may1 with due diligence1 be obtained2 and 7,b7 in circumstances in which geolocation information may be used as evidence of a crime or in furtherance of a criminal investigation1 there are grounds upon which an order could be entered under this section to authorize the accessing or use of an electronic communications device to acquire geolocation information4 7#b7 ,notice1 order and termination ,if an investigative or law enforcement officer accesses or uses an electronic communications device to acquire geolocation information under paragraph 7#a7-- 7,a7 the officer shall1 not later than #aj business days after acquiring geolocation information1 serve upon1 or deliver to by registered or first-class mail1 electronic mail1 or other means reasonably calculated to be effective1 notice to the owner or authorized user of the electronic communications device whose geolocation information was acquired that such information was obtained or accessed pursuant to the emergency provisions under this subsection and describing the factual bases that led to the officer's determination that an emergency situation existed2 7,b7 in circumstances in which geolocation information may be used as evidence of a crime or in furtherance of a criminal investigation1 not later than #dh hours after the activity to acquire or access the geolocation information has occurred1 or begins to occur1 the investigative or law enforcement officer shall seek a warrant or order described in subsection 7b7 approving the acquisition2 and 7,c7 unless a warrant or order described in subsection 7b7 is issued approving the acquisition1 the activity to acquire the geolocation information shall terminate immediately at the earlier of the time-- 7i7 the information sought is obtained2 7ii7 the application for the warrant or order is denied2 or 7iii7 at which #dh hours have elapsed since the activity to acquire or access the geolocation information began to occur4 7#c7 ,violation and suppression of evidence 7,a7 ,in general ,in a circumstance described in subparagraph 7,b7-- 7i7 no information obtained1 or evidence derived1 from geolocation information acquired as part of the access or use of an electronic communications device to acquire geolocation information may be received into evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof2 7ii7 no information concerning any person acquired from the geolocation information may be used1 disseminated1 or disclosed in any other manner1 without the consent of the person2 and 7iii7 all information collected shall be promptly destroyed4 7,b7 ,circumstances ,a circumstance described in this subparagraph is any instance in which-- 7i7 an investigative or law enforcement officer does not-- 7,i7 obtain a warrant or order described in subsection 7b7 within #dh hours of commencing the access or use of the electronic communications device2 or 7,,ii7 terminate the activity to acquire geolocation information in accordance with paragraph 7#b77;,b72 or 7ii7 a court denies the application for a warrant or order approving the accessing or use of an electronic communications device to acquire geolocation information4 7e7 ,assistance and compensation 7#a7 ,in general ,a warrant described in subsection 7b77#a7 authorizing the accessing or use of an electronic communications device to acquire geolocation information shall1 upon request of the applicant1 direct that a provider of electronic communication service1 remote computing service1 or geolocation information service shall provide to the applicant forthwith all information1 facilities1 and technical assistance necessary to accomplish the acquisition unobtrusively and with a minimum of interference with the services that the provider is providing to or through the electronic communications device in question4 7#b7 ,compensation ,any provider of electronic communication service1 remote computing service1 or geolocation information service providing information1 facilities1 or technical assistance under a directive under paragraph 7#a7 shall be compensated by the applicant for reasonable expenses incurred in providing the information1 facilities1 or assistance4 7f7 ,no cause of action against a provider ,no cause of action shall lie in any court against any provider of electronic communication service1 remote computing service1 or geolocation information service1 or an officer1 employee1 or agent of the provider or other specified person for providing information1 facilities1 or assistance necessary to accomplish an acquisition of geolocation information authorized under this section4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #aba of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bgac4 ,location tracking of electronic communications device4 4 #f4 ,suppression of unlawfully obtained wire or electronic communication or geolocation information 7a7 ,in general ,chapter #aba of title #ah1 ,united ,states ,code1 as amended by section #e7;b71 is amended by adding at the end the following3 #bgad4 ,suppression remedy 7a7 ,in general ,if a governmental entity requires the disclosure of a wire or electronic communication or geolocation information in violation of this chapter1 or accesses or uses an electronic communications device to acquire geolocation information in violation of this chapter1 no part of the contents of the communication1 no geolocation information1 and no evidence derived therefrom may be received in evidence in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 officer1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof4 7b7 ,grounds ,an aggrieved person in a trial1 hearing1 or proceeding in or before a court1 department1 officer1 agency1 regulatory body1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof may move to suppress the contents of any wire or electronic communication or geolocation information disclosed or acquired under this chapter1 or evidence derived therefrom1 on the grounds that-- 7#a7 the communication or information was unlawfully disclosed2 7#b7 the warrant under which it was disclosed is insufficient on its face2 or 7#c7 the disclosure was not made in conformity with the warrant4 7c7 ,procedure 7#a7 ,timing ,a motion under subsection 7b7 shall be made before the trial1 hearing1 or proceeding commences1 unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion4 7#b7 ,inspection ,the judge or other official1 upon the filing of a motion under subsection 7b71 may make available to the aggrieved person or the attorney for the aggrieved person for inspection such portions of the disclosed communication1 geolocation information1 or evidence derived therefrom as the judge or other official determines to be in the interests of justice4 7#c7 ,motion granted ,if a motion under subsection 7b7 is granted1 the contents of the disclosed wire or electronic communication1 geolocation information1 or evidence derived therefrom1 shall be treated as having been obtained in violation of this chapter4 7d7 ,appeal ,in addition to any other right to appeal1 the ,united ,states shall have the right to appeal an order granting a motion to suppress made under subsection 7b7 if the ,united ,states attorney certifies to the judge or other official granting such motion that the appeal is not taken for purposes of delay4 ,such appeal shall be taken within #cj days after the date the order was entered and shall be diligently prosecuted4 7e7 ,definition ,in this section1 the term aggrieved person means-- 7#a7 a person whose wire or electronic communication or geolocation information was disclosed pursuant to this chapter2 or 7#b7 the owner or authorized user of the electronic communications device whose geolocation information was acquired pursuant to this chapter4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aba of title #ah1 ,united ,states ,code1 as amended by section #e7;b71 is amended by adding at the end the following3 #bgad4 ,suppression remedy4 4 #g4 ,pen register and trap and trace reforms 7a7 ,application for an order for a pen register or a trap and trace device ,section #cabb7;b77#b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking a certification by the applicant and inserting specific and articulable facts showing that there are reasonable grounds to believe2 and 7#b7 by inserting and material after relevant4 7b7 ,issuance of an order for a pen register or a trap and trace device ,section #cabc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking certified to the court and inserting offered specific and articulable facts showing that there are reasonable grounds to believe2 and 7ii7 by inserting and material after relevant2 and 7,b7 in paragraph 7#b7-- 7i7 by striking has certified to the court and inserting offered specific and articulable facts showing that there are reasonable grounds to believe2 and 7ii7 by inserting and material after relevant2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting for a period of #cj days after termination of the order1 unless after sealed2 and 7,b7 in paragraph 7#b71 by inserting for a period of #cj days after termination of the order after investigation4 #h4 ,,gao and ,,fcc report on cell-site simulators 7a7 ,,fcc report ,not later than #a year after the date of enactment1 the ,federal ,communications ,commission shall submit to the ,committee on the ,judiciary of the ,senate and ,committee on the ,judiciary of the ,house of ,representatives a report regarding the domestic use of cell-site simulators 7or ,,imsi catchers7 by ,federal1 ,state1 and local law enforcement agencies1 which shall include-- 7#a7 an evaluation of the security vulnerabilities in cellular phones and cellular networks exploited by cell-site simulators1 and the extent to which those vulnerabilities could be or have been exploited by criminals or foreign governments2 and 7#b7 an analysis of whether the use of cell-site simulators results in disruptions in cellular phone service in affected areas and the extent of such disruptions4 7b7 ,,gao report ,not later than #a year after the date of enactment1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report regarding the domestic use of cell-site simulators 7or ,,imsi catchers7 by ,federal1 ,state1 and local law enforcement agencies1 which to the extent feasible shall include-- 7#a7 a list of each ,federal1 ,state1 and local law enforcement agency that uses cell-site simulators1 and for what purposes1 including whether the devices are used to monitor protests or other large public gatherings and the types of crimes they are used to investigate2 7#b7 the extent to which the ,federal ,government is providing or funding the purchase of cell-site simulators for ,state and local law enforcement agencies1 including which ,federal grants are used for such purpose2 7#c7 a list of each ,federal agency that makes cell-site simulators available for use by ,state or local law enforcement agencies1 information about any agreements or procedures governing that sharing1 and information about how frequently such sharing occurs2 7#d7 whether any ,federal1 ,state1 or local law enforcement agencies are using cell-site simulators to obtain the contents of communications1 deliver malware to phones1 or for purposes other than locating a particular cellular device2 7#e7 whether and the extent to which any ,federal1 ,state1 or local law enforcement agencies are using cell-site simulators for enforcement of civil immigration law2 7#f7 an explanation of the methods used by ,federal1 ,state1 or local law enforcement agencies to deploy cell-site simulators1 including whether such devices are attached to planes or other aerial devices2 7#g7 an explanation of the approval process that ,federal1 ,state1 and local law enforcement agencies require prior to use of cell-site simulators1 whether these agencies obtain judicial approval prior to deployment of cell-site simulators1 and if so1 what type and with what frequency2 7#h7 an evaluation of whether ,federal1 ,state1 or local law enforcement agencies have adequate training and auditing mechanisms in place regarding the use of cell-site simulators1 and whether these agencies have policies or procedures governing the deletion of information collected by cell-site simulators2 7#i7 the number of ,state and local law enforcement agencies that are subject to nondisclosure agreements or other orders limiting disclosure of information regarding the use of cell-site simulators2 and 7#aj7 the extent to which ,federal1 ,state1 or local law enforcement use of cell cite simulators has a disproportionate impact on particular communities1 and disparately impacts particular racial1 ethnic1 or other disadvantaged communities4 #i4 ,rule of construction ,nothing in this ,act1 or an amendment made by this ,act1 shall be construed to preclude the acquisition by the ,united ,states ,government of-- 7#a7 the contents of a wire or electronic communication pursuant to other lawful authorities1 including the authorities under chapter #aai of title #ah1 ,united ,states ,code1 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 or any other provision of ,federal law not specifically amended by this ,act2 or 7#b7 geolocation information1 records or other information relating to a subscriber or customer of any electronic communication service or remote computing service 7not including the content of such communications7 pursuant to chapter #aai of title #ah1 ,united ,states ,code1 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 or any other provision of ,federal law not specifically amended by this ,act4