,,ii  #aagth ,,congress  #ast ,session  
,s4 #bedg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bi1     
#bjba,mr4 ,wyden 7for himself1 ,mr4     
,tillis1 and ,mr4 ,whitehouse7          
introduced the following bill2 which was
 read twice and referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to improve the procedures for the      
authentication and the secure and       
tamper-evident delivery and transmission
 of certain court orders4  #a4 ,short   
title ,this ,act may be cited as the    
,digital ,authenticity for ,court       
,orders ,act of #bjba4  #b4 ,findings   
,congress finds the following3 7#a7 ,in 
recent years1 criminals have created    
counterfeit court orders which they have
 used to trick telecommunications and   
technology companies into performing    
illegal wiretaps and removing online    
content4  7#b7 ,counterfeit court orders
 threaten public trust in the courts1   
and undermine the privacy of the people 
of the ,united ,states and their rights 

under the ,first ,amendment to the      
,constitution of the ,united ,states4   
7#c7 ,secure digital signature          
technology has existed for decades that 
solves this problem4 ,digital signatures
 enable recipients of a digital document
 to verify that it was issued by an     
authorized entity and that it has not   
been tampered with or modified since it 
was digitally signed4  7#d7 ,since      
#aiid1 the ,national ,institute of      
,standards and ,technology has published
 ,federal ,information ,processing      
,standard #ahf-d1 which is the official 
standard for digital signatures for the 
,federal ,government4  7#e7 ,since      
#aiih1 the ,government ,paperwork       
,elimination ,act 7title ,,xvii of      
division ,c of ,public ,law #aje-bgg2   
#aab ,stat4 #bfha-gdi7 and the          
amendments made by that ,act have       
required ,federal executive branch      
agencies use digital signatures to      
conduct official business with the      
public4  7#f7 ,section #bbji of the     

,homeland ,security ,act of #bjjb 7#f   
,u4,s4,c4 #fei71 as amended by section  
#agaf of the ,william ,m4 7,mac7        
,thornberry ,national ,defense          
,authorization ,act for ,fiscal ,year   
#bjba1 requires that subpoenas issued by
 the ,cybersecurity and ,infrastructure 
,security ,agency be authenticated with 
a cryptographic digital signature and   
that subpoenas lacking such a digital   
signature shall not be considered to be 
valid by the recipient of such subpoena4
  7#g7 ,the legislative branch has also 
embraced digital signatures4 ,every bill
 posted to congress4gov is digitally    
signed by the ,government ,publishing   
,office4  7#h7 ,federal1 ,state1 and    
,tribal courts have not kept pace with  
the adoption of digital signature       
technology by other branches of         
government4  7#i7 ,illegal wiretaps by  
their nature involve the interception of
 private communications that flow over  
means or instrumentalities of interstate
 or foreign commerce4  7#aj7 ,content   

and data delivered over the internet is 
a thing in interstate or foreign        
commerce4 ,to the extent that a         
counterfeit court order would result in 
that content being removed from the     
internet1 that counterfeit order affects
 things in interstate and foreign       
commerce4 ,congress may therefore take  
steps to ensure the authenticity of     
orders purporting to require the removal
 of online content in interstate or     
foreign commerce4  7#aa7 ,consumers will
 not continue to do business with       
telecommunications and technology       
companies if those companies facilitate 
surveillance of their private           
communications or remove their content  
in response to fraudulent court orders4 
7#ab7 ,the absence of digital signatures
 from court orders places an            
unreasonable economic burden on         
telecommunications and technology       
companies4 ,these companies must either 
expend significant effort and resources 
to manually verify the legitimacy of    

each court order they receive or bear   
the risk of significant reputational and
 financial harm4  7#ac7 ,the absence of 
verifiable digital signatures on court  
orders therefore creates an unreasonable
 burden on interstate or foreign        
commerce of the ,united ,states1 which  
,congress has the power to remedy4      
7#ad7 ,the adoption of digital signature
 technology by ,federal courts alone    
will not address the threat of          
counterfeiting4 ,criminals have created 
and passed off counterfeit ,state court 
orders and will continue to do so4      
7#ae7 ,as such1 the legitimacy of and   
public trust in the courts depends upon 
every court1 ,federal1 ,state1 and      
,tribal1 adopting digital signature     
technology4  #c4 ,definitions ,in this  
,act-- 7#a7 the term appropriate        
committees of ,congress means-- 7,a7 the
 ,committee on the ,judiciary and the   
,committee on ,appropriations of the    
,senate2 and  7,b7 the ,committee on the
 ,judiciary and the ,committee on       

,appropriations of the ,house of        
,representatives2  7#b7 the term        
authorized court officer or employee    
means an officer or employee of a       
,federal1 ,state1 or ,tribal court that 
is authorized by the ,federal1 ,state1  
or ,tribal court to digitally sign      
covered orders2  7#c7 the term contains 
an authentic digital signature1 with    
respect to a covered order1 means that  
the covered order contains a digital    
signature-- 7,a7 by an authorized court 
officer or employee of the ,federal1    
,state1 or ,tribal court issuing the    
covered order2  7,b7 that-- 7i7 complies
 with the standards certified and       
promulgated by the ,director of the     
,administrative ,office of the ,united  
,states ,courts under section           
#d7;a77#a77;,a77ii72 or  7ii7 if the    
,director of the ,administrative ,office
 of the ,united ,states ,courts         
promulgates updated standards under     
section #d7;a77#a77;,b77ii71 on and     
after the date that is #a year after the

 date on which the ,director of the     
,administrative ,office of the ,united  
,states ,courts promulgates a set of    
updated standards1 complies with such   
set of updated standards2 and  7,c7 that
 confirms that the covered order is     
authentic2  7#d7 the term covered order 
means an order-- 7,a7 directed to a     
person other than a party to the        
proceedings in which the order is       
entered2 and  7,b7 that is-- 7i7 an     
order authorizing or approving the      
interception of a wire communication1   
oral communication1 or electronic       
communication under chapter #aai of     
title #ah1 ,united ,states ,code1 or    
under an equivalent ,state law2  7ii7 an
 order authorizing or approving the     
installation and use of a pen register  
or a trap and trace device under chapter
 #bjf of title #ah1 ,united ,states     
,code1 or under an equivalent ,state    
law2  7iii7 an order for the            
installation of a mobile tracking device
 under section #caag of title #ah1      

,united ,states ,code2  7iv7 an order   
for disclosure under chapter #aba of    
title #ah1 ,united ,states ,code2  7v7 a
 search or seizure warrant issued using 
the procedures described in the ,federal
 ,rules of ,criminal ,procedure or in   
the case of a ,state or ,tribal court1  
issued using ,state or ,tribal warrant  
procedures2  7vi7 in the case of a      
court-martial or other proceeding under 
chapter #dg of title #aj1 ,united       
,states ,code 7,uniform ,code of        
,military ,justice71 a warrant or order 
issued under section #hdf of that title2
  7vii7 an order under section #afea of 
title #bh1 ,united ,states ,code2       
7viii7 an order for third party         
assistance under section #beah7d7 or    
section #cabd of title #ah1 ,united     
,states ,code2  7ix7 an order to enforce
 the assistance capability and capacity 
requirements under section #bebb of     
title #ah1 ,united ,states ,code2  7x7  
an order under section #bgje7;b7 of     
title #ah1 ,united ,states ,code1       

prohibiting notifying other persons2    
7xi7 an order authorizing electronic    
surveillance issued under section #aje  
of the ,foreign ,intelligence           
,surveillance ,act of #aigh 7#ej        
,u4,s4,c4 #ahje72  7xii7 an order       
authorizing a physical search issued    
under section #cjd of the ,foreign      
,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahbd72  7xiii7 an 
order requiring the production of       
tangible things issued under section    
#eja of the ,foreign ,intelligence      
,surveillance ,act of #aigh 7#ej        
,u4,s4,c4 #ahfa72  7xiv7 an order       
authorizing an acquisition or targeting 
that is issued under title ,,vii of the 
,foreign ,intelligence ,surveillance    
,act of #aigh 7#ej ,u4,s4,c4 #ahha et   
seq472  7xv7 an order issued under      
section #eab7;j7 of title #ag1 ,united  
,states ,code2  7xvi7 an order requiring
 the removal or blocking of content     
published on the internet2  7xvii7 an   
order that permanently or temporarily   

seizes a domain name1 including by      
requiring the change of the registrar of
 record for the domain name or          
preventing the domain name from         
resolving to a particular internet      
protocol address2 or  7xviii7 any other 
type of order for which the ,judicial   
,conference of the ,united ,states      
determines that the use of digital      
signatures would result in increased    
trust in the courts and reduce the risk 
and impact of fraudulent efforts to     
impersonate court orders2  7#e7 the term
 digital signature has the meaning given
 the term in section #hej4ajc of title  
#e1 ,code of ,federal ,regulations1 or  
any successor thereto2  7#f7 the term   
digital signature technology means      
cryptographic technology that allows a  
recipient of a covered court order to   
determine that the covered order-- 7,a7 
was issued by a ,federal1 ,state1 or    
,tribal court2 and  7,b7 has not been   
tampered with or modified since it was  
issued by the court2  7#g7 the term     

,indian ,tribe has the meaning given    
such term in section #ajb of the        
,federally ,recognized ,indian ,tribe   
,list ,act of #aiid 7#be ,u4,s4,c4      
#eacj72  7#h7 the term provider means an
 electronic communication service       
provider1 as defined in section #gja7;b7
 of the ,foreign ,intelligence          
,surveillance ,act of #aigh 7#ej        
,u4,s4,c4 #ahha7;b772  7#i7 the term    
,state means each of the several ,states
 of the ,united ,states1 the ,district  
of ,columbia1 the ,commonwealth of      
,puerto ,rico1 ,american ,samoa1 the    
,commonwealth of the ,northern ,mariana 
,islands1 ,guam1 and the ,united ,states
 ,virgin ,islands2 and  7#aj7 the term  
,tribal means of or pertaining to an    
,indian ,tribe4  #d4 ,ensuring          
authenticity and integrity of court     
orders affecting interstate commerce    
7a7 ,standardized technology for digital
 signatures  7#a7 ,initial standards    
7,a7 ,in general ,not later than #b     
years after the date of enactment of    

this ,act1 and in accordance with       
paragraph 7#b7-- 7i7 the ,director of   
the ,national ,institute of ,standards  
and ,technology shall develop proposed  
standards for the use of digital        
signature technology for covered orders1
 which shall-- 7,i7 be based on open    
standards2 and  7,,ii7 facilitate audits
 to enable courts to identify whether   
cryptographic keys1 or an equally secure
 successor technology1 used to digitally
 authenticate covered orders have been  
lost1 stolen1 or misused2 and  7ii7 on  
the basis of the proposed standards     
developed under clause 7i71 the         
,director of the ,administrative ,office
 of the ,united ,states ,courts shall   
certify and promulgate standards for the
 use of digital signature technology for
 covered orders4  7,b7 ,updating ,in    
accordance with paragraph 7#b7-- 7i7 not
 later than #e years after developing   
proposed standards for the use of       
digital signature technology for covered
 orders under subparagraph 7,a77i71 and 

every #e years thereafter1 the ,director
 of the ,national ,institute of         
,standards and ,technology shall update 
such standards2 and  7ii7 not later than
 #f months after receiving standards    
updated under clause 7i71 and on the    
basis of such standards1 the ,director  
of the ,administrative ,office of the   
,united ,states ,courts shall certify   
and promulgate updated standards for the
 use of digital signature technology for
 covered orders4  7#b7 ,consultation ,in
 developing or updating proposed        
standards and certifying and            
promulgating standards under paragraph  
7#a71 the ,director of the ,national    
,institute of ,standards and ,technology
 and the ,director of the               
,administrative ,office of the ,united  
,states ,courts shall each consult      
with-- 7,a7 the ,attorney ,general2     
7,b7 the ,director of the ,cybersecurity
 and ,infrastructure ,security ,agency2 
7,c7 the ,administrator of ,general     
,services2  7,d7 the ,director of the   

,government ,publishing ,office2  7,e7  
the ,national ,center for ,state        
,courts2  7,f7 the ,national ,american  
,indian ,court ,judges ,association2    
7,g7 independent experts in             
cybersecurity2  7,h7 providers2  7,i7   
private entities offering electronic    
case management software2 and  7,j7 the 
,archivist of the ,united ,states4  7#c7
 ,implementation assistance  7,a7       
,digital signature service  7i7 ,in     
general ,notwithstanding any limitations
 on the authority of the ,general       
,services ,administration to provide    
services to ,state or ,tribal entities1 
the ,administrator of ,general ,services
 shall offer a managed digital signature
 service to each ,federal1 ,state1 or   
,tribal court that will allow the court 
to digitally sign covered orders without
 the court having to hold and secure the
 long-term cryptographic keys used to   
digitally authenticate the covered      
orders1 or an equally secure successor  
technology4  7ii7 ,consultation ,the    

digital signature service offered under 
clause 7i7 shall be developed and       
implemented in consultation with the    
,administrative ,office of ,united      
,states ,courts1 the ,national ,center  
for ,state ,courts1 the ,national       
,american ,indian ,court ,judges        
,association1 the ,government           
,publishing ,office1 and the ,director  
of the ,cybersecurity and               
,infrastructure ,security ,agency4      
7iii7 ,requirements ,the digital        
signature service offered under clause  
7i7 shall be designed to-- 7,i7 permit  
an authorized court officer or employee 
of a ,federal1 ,state1 or ,tribal court 
to digitally sign covered orders from a 
court office and while teleworking2 and 
7,,ii7 be continuously available for    
use4  7,b7 ,use ,if a ,federal1 ,state1 
or ,tribal court elects to use the      
managed digital signature service       
offered under subparagraph 7,a71 the    
,general ,services ,administration shall
 provide an online service1 available   

both through a publicly-documented and  
publicly-available application          
programming interface and through secure
 and public websites1 that enable       
authorized court officers and employees 
to digitally sign a covered order and   
recipients of a covered order and other 
third parties to verify that the covered
 order has a valid digital signature at 
no cost to the recipient or third party4
  7,c7 ,no cost to courts ,the          
,administrator of ,general ,services    
shall provide the managed digital       
signature service to ,federal1 ,state1  
and ,tribal courts under this paragraph 
at no cost to the court4  7,d7          
,reimbursement ,the ,attorney ,general  
shall reimburse the ,administrator of   
,general ,services for the costs of     
building1 operating1 and maintaining the
 managed digital signature service for  
,federal1 ,state1 and ,tribal courts4   
7b7 ,digital signature requirements for 
,federal court orders  7#a7 ,in general 
7,a7 ,piloting the use of digital       

signatures ,beginning not later than #b 
years after the date on which the       
standards are certified and promulgated 
by the ,director of the ,administrative 
,office of the ,united ,states ,courts  
under subsection 7a77#a77;,a77ii71 not  
less than #a district court of the      
,united ,states in each ,federal        
judicial circuit shall use digital      
signature technology that complies with 
the standards to authenticate all       
covered orders issued by that court4    
7,b7 ,required use of digital signature 
technology  7i7 ,in general ,beginning  
not later than #d years after the date  
on which the standards are certified and
 promulgated by the ,director of the    
,administrative ,office of the ,united  
,states ,courts under subsection        
7a77#a77;,a77ii71 each ,federal court   
shall use digital signature technology  
that complies with the standards to     
authenticate all covered orders issued  
by the court4  7ii7 ,updates ,not later 
than #a year after the date on which    

updated standards are certified and     
promulgated by the ,director of the     
,administrative ,office of the ,united  
,states ,courts under subsection        
7a77#a77;,b77ii71 each ,federal court   
system shall update the digital         
signature technology used by the court  
to comply with the updated standards4   
7,c7 ,plan for loss or theft ,each      
,federal court using digital signature  
technology shall develop1 and update not
 less frequently than every #b years1 a 
written plan to respond to the loss or  
theft of the encryption keys1 access    
credentials1 or any successor technology
 used to digitally sign covered orders4 
7#b7 ,mandatory use of digital          
signatures ,except as provided in       
subsections 7d7 and 7i71 on and after   
the date that is #f years after the date
 on which standards are certified and   
promulgated by the ,director of the     
,administrative ,office of the ,united  
,states ,courts under subsection        
7a77#a77;,a77ii71 a ,federal court may  

not issue a covered order unless the    
covered order contains an authentic     
digital signature4  7c7 ,digital        
signature requirements for ,state and   
,tribal court orders  7#a7 ,full faith  
and credit requirements ,section #agch  
of title #bh1 ,united ,states ,code1 is 
amended-- 7,a7 by inserting 7a7 before  
,the ,acts 2  7,b7 by inserting 7b7     
before ,the records2  7,c7 by striking  
,such ,acts1 and inserting 7c77#a7      
,except as provided in paragraph 7#b71  
such ,acts12 and  7,d7 in subsection    
7c71 as so designated1 by adding at the 
end the following3  7#b7 7,a7 ,in this  
paragraph1 the terms contains an        
authentic digital signature1 covered    
order1 digital signature1 ,state1 and   
,tribal have the meanings given such    
terms in section #c of the ,digital     
,authenticity for ,court ,orders ,act of
 #bjba4  7,b7 ,a document purporting to 
be a covered order issued by a ,state or
 ,tribal court shall be entitled to full
 faith and credit only if-- 7i7 7,i7 the

 document contains an authentic digital 
signature2  7,,ii7 the document was     
served with a certificate of            
authenticity in accordance with section 
#d7;d77#a7 of the ,digital ,authenticity
 for ,court ,orders ,act of #bjba2 or   
7,,iii7 the document was issued pursuant
 to a waiver under section #d7;d77#b7 of
 the ,digital ,authenticity for ,court  
,orders ,act of #bjba2 and  7ii7 the    
,state or ,tribal court includes with   
the document a statement certifying that
 the court has 7and has updated on or   
after the date that is #b years before  
the date on which the covered order is  
issued7 a written plan to respond to the
 loss or theft of the encryption keys1  
access credentials1 or any successor    
technology used to digitally sign       
covered orders4  4  7#b7 ,wiretapping   
,section #beaf7b7 of title #ah1 ,united 
,states ,code1 is amended by striking   
,the principal prosecuting attorney of  
any ,state and inserting ,if a ,state   
requires that an order described in this

 subsection issued by the ,state court  
contains an authentic digital signature 
7as defined in section #c of the        
,digital ,authenticity for ,court       
,orders ,act of #bjba71 the principal   
prosecuting attorney of that ,state4    
7#c7 ,stored communications requirements
 ,chapter #aba of title #ah1 ,united    
,states ,code1 is amended-- 7,a7 in     
section #bgjc1 by inserting and         
containing an authentic digital         
signature 7as defined in section #c of  
the ,digital ,authenticity for ,court   
,orders ,act of #bjba7 after warrant    
procedures each place it appears2 and   
7,b7 in section #bgaa7c77;,b71 by       
inserting 1 if the court requires that  
each covered order issued by the court  
contains an authentic digital signature 
7as such terms are defined in section #c
 of the ,digital ,authenticity for      
,court ,orders ,act of #bjba7 after     
search warrants4  7#d7 ,pen registers   
and trap and trace devices ,section     
#cabb7;a77#b7 of title #ah1 ,united     

,states ,code1 is amended by inserting  
and if the ,state requires that such an 
order issued by the ,state court        
contains an authentic digital signature 
7as defined in section #c of the        
,digital ,authenticity for ,court       
,orders ,act of #bjba71 after prohibited
 by ,state law14  7#e7 ,effective date  
,except as provided in subsection 7i71  
the amendments made by paragraphs 7#a7  
through 7#d7 shall take effect on the   
date that is #f years after the date on 
which the ,director of the              
,administrative ,office of the ,united  
,states ,courts certifies and           
promulgates standards for the use of    
digital signature technology for covered
 orders under subsection                
7a77#a77;,a77ii74  7d7 ,failure of      
digital signature technology  7#a7      
,individual courts ,if the digital      
signature technology of a ,federal1     
,state1 or ,tribal court is not         
operational1 upon request by an officer 
or employee of the ,federal1 ,state1 or 

,tribal court who is authorized to      
digitally sign covered orders1 and if   
the ,attorney ,general determines that a
 covered court order is authentic1 the  
,attorney ,general may serve on the     
provider by personal service the covered
 court order and a certification stating
 that the covered court order is        
authentic4  7#b7 ,widespread outage     
7,a7 ,in general ,if the digital        
signature technology of not less than #e
 ,federal1 ,state1 or ,tribal courts is 
not operational1 the ,chief ,justice of 
the ,united ,states may issue a waiver  
for a period of not more than #cj days  
that waives the application of each of  
the following3 7i7 ,the requirements    
under subsection 7b77#b7 with respect to
 ,federal courts4  7ii7 ,the limits on  
full faith and credit for covered orders
 issued by ,state and ,tribal courts    
under paragraph 7#b7 of section         
#agch7;c7 of title #bh1 ,united ,states 
,code1 as added by subsection 7c7 of    
this section4  7,b7 ,renewals ,a waiver 

described in subparagraph 7,a7 may be   
renewed for additional periods of not   
more than #cj days4  7,c7 ,notice ,the  
,chief ,justice of the ,united ,states  
shall submit to the appropriate         
committees of ,congress and make        
publicly available on the website of the
 ,supreme ,court of the ,united ,states 
notice of each waiver and renewal of a  
waiver under this paragraph4  7#c7      
,subsequent service of digitally signed 
order by ,federal courts ,if a covered  
order of a ,federal1 ,state1 or ,tribal 
court is served on a provider under     
paragraph 7#a7 or pursuant to a waiver  
under paragraph 7#b71 after the digital 
signature technology of the ,federal1   
,state1 or ,tribal court is operational1
 the party who obtained the initial     
order shall obtain and serve on the     
provider an identical covered order that
 meets the requirements under subsection
 7b77#b7 or paragraph 7#b7 of section   
#agch7;c7 of title #bh1 ,united ,states 
,code1 as applicable4  7#d7 ,information

 regarding failure of digital signature 
technology  7,a7 ,public list of        
nonoperational systems ,the ,attorney   
,general shall make publicly available  
on the website of the ,department of    
,justice a list of each ,federal1       
,state1 or ,tribal court for which the  
digital signature technology is not     
operational1 which shall include-- 7i7  
the period during which the ,attorney   
,general approved #a or more covered    
court orders of the ,federal1 ,state1 or
 ,tribal court under paragraph 7#a72 and
  7ii7 information indicating the       
measures a provider can take to verify  
that a covered court order and          
certification served under paragraph    
7#a7 are authentic4  7,b7 ,notice to    
,congress ,if the digital signature     
technology of a ,federal1 ,state1 or    
,tribal court is not operational for a  
period of not less than #aj days1 the   
,attorney ,general shall notify the     
appropriate committees of ,congress4    
7e7 ,limit on immunity provisions  7#a7 

,in general ,except as provided in      
subsection 7i71 on and after the date   
that is #f years after the date on which
 the standards are certified and        
promulgated by the ,director of the     
,administrative ,office of the ,united  
,states ,courts under subsection        
7a77#a77;,a77ii71 the provisions of law 
described in paragraph 7#b7 of this     
subsection shall only apply with respect
 to the provision of documents1 data1 or
 other information by a provider that   
removes content or makes available      
documents1 data1 or other information in
 response to a document purporting to be
 a covered order issued by a ,federal1  
,state1 or ,tribal court if-- 7,a7 the  
document contains an authentic digital  
signature2  7,b7 7i7 the document was   
served with a certificate of            
authenticity in accordance with         
subsection 7d77#a72 and  7ii7 the       
provider-- 7,i7 verified that the court 
that issued the order is listed on the  
website of the ,department of ,justice  

as having nonoperational digital        
signature technology2 and  7,,ii7 takes 
the measures listed by the ,attorney    
,general to verify that a covered court 
order and certification served under    
subsection 7d77#a7 are authentic2 or    
7,c7 the document was issued pursuant to
 a waiver under subsection 7d77#b74     
7#b7 ,provisions of law ,the provisions 
of law described in this paragraph are  
the following3 7,a7 ,section #eab of    
title #ag1 ,united ,states ,code4  7,b7 
,section #bebj7;d77#a7 of title #ah1    
,united ,states ,code4  7,c7 ,section   
#bgjg7;e7 of title #ah1 ,united ,states 
,code4  7,d7 ,section #aje7;i7 of the   
,foreign ,intelligence ,surveillance    
,act of #aigh 7#ej ,u4,s4,c4 #ahje7;i774
  7,e7 ,section #djb7;f7 of the ,foreign
 ,intelligence ,surveillance ,act of    
#aigh 7#ej ,u4,s4,c4 #ahdb7;f774  7,f7  
,section #gjb7;i77#c7 of the ,foreign   
,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahha;a7i77#c774   
7,g7 ,section #gjc7;e7 of the ,foreign  

,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahha;b7e774  7,h7 
,title ,,viii of the ,foreign           
,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahhe et seq474    
7f7 ,grants ,the ,administrative ,office
 of ,united ,states ,courts may make    
grants to ,state and ,tribal courts for 
the cost of implementing digital        
signature technology1 including to      
develop and implement training and      
educational resources1 in accordance    
with this ,act4  7g7 ,immunity  7#a7 ,in
 general ,except as provided in         
subsection 7i71 on and after the date   
that is #f years after the date on which
 the ,director of the ,administrative   
,office of the ,united ,states ,courts  
certifies and promulgates standards for 
the use of digital signature technology 
for covered orders under subsection     
7a77#a77;,a77ii71 a person may not be   
held liable in any ,federal1 ,state1 or 
,tribal administrative1 civil1 or       
criminal proceeding1 including for      

contempt of court1 for failing to comply
 with a covered order issued by a       
,federal1 ,state1 or ,tribal court1     
respectively1 if the covered order does 
not meet one of the following           
requirements3 7,a7 ,the covered order   
contains an authentic digital signature4
  7,b7 ,the covered order was served    
with a certificate of authenticity in   
accordance with subsection 7d77#a74     
7,c7 ,the covered order was issued      
pursuant to a waiver under subsection   
7d77#b74  7#b7 ,costs ,in any action    
brought to enforce compliance with a    
covered order that1 except as provided  
in subsection 7i71 was issued on or     
after the date that is #f years after   
the date on which the ,director of the  
,administrative ,office of the ,united  
,states ,courts certifies and           
promulgates standards for the use of    
digital signature technology for covered
 orders under subsection                
7a77#a77;,a77ii71 if the court finds    
that the covered order does not meet the

 requirements described in subparagraph 
7,a71 7,b71 or 7,c7 of paragraph 7#a7 of
 this subsection1 the court shall award 
to the person against whom the action   
was brought costs of litigation         
7including reasonable attorney fees74   
7h7 ,authorization of appropriations    
,there are authorized to be appropriated
 such sums as are necessary to carry out
 this ,act1 including for the           
,administrative ,office of ,united      
,states ,courts to make grants under    
subsection 7f7 and to upgrade the ,case 
,management_/,electronic ,case ,files   
,system of the ,federal ,courts4  7i7   
,delay of effective date ,the ,judicial 
,conference of the ,united ,states may  
delay the effective dates under         
subsection 7b77#b71 subsection 7c77#c71 
subsection 7e77#a7 and subsection 7g7 to
 be the date that is #h years after the 
date on which the ,director of the      
,administrative ,office of the ,united  
,states ,courts certifies and           
promulgates standards for the use of    

digital signature technology for covered
 orders under subsection                
7a77#a77;,a77ii74  #e4 ,preemption ,this
 ,act and the amendments made by this   
,act shall preempt any ,state or ,tribal
 law to the extent that such ,state law 
is inconsistent with a provision of this
 ,act or an amendment made by this ,act4
  #f4 ,severability ,if any provision of
 this ,act1 an amendment made by this   
,act1 or the application of such a      
provision or amendment to any person or 
circumstance1 is held to be             
unconstitutional1 the remaining         
provisions of and amendments made by    
this ,act1 and the application of the   
provision or amendment held to be       
unconstitutional to any other person or 
circumstance1 shall not be affected     
thereby4