,,ii #aagth ,,congress #ast ,session ,s4 #cbca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ah1 #bjba,mr4 ,wyden 7for himself and ,ms4 ,lummis7 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 require law enforcement officials to obtain a warrant before accessing data stored in cars1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,closing the ,warrantless ,digital ,car ,search ,loophole ,act of #bjba4 #b4 ,vehicle data 7a7 ,in general ,part ,i of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #abd ,accessing vehicle data4 ,sec4 #bgcj4 ,definitions4 #bgca4 ,prohibition on access to vehicle data4 #bgcb4 ,prohibition on use of acquired information as evidence4 #bgcj4 ,definitions ,in this chapter3 7#a7 ,access ,the term access-- 7,a7 means any retrieval of covered vehicle data1 regardless of-- 7i7 whether the data is obtained as the information is being produced or from digital storage2 and 7ii7 where the vehicle data is stored or transmitted1 including by wire or radio2 and 7,b7 does not include data covered by chapter #aai of this title or section #ajd of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjd74 7#b7 ,consent ,the term consent-- 7,a7 means an affirmative1 express1 and voluntary agreement that-- 7i7 states that the person providing the consent is providing consent to a government official to access the digital contents1 access credential1 or online account information1 or other information being sought2 7ii7 specifies the type of content1 access credential1 or online account information the person is providing access to2 7iii7 specifies the time period of the covered vehicle data to be accessed2 7iv7 informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained2 7v7 does not involve sanctions or the threat of sanctions for withholding consent2 and 7vi7 uses clear1 simple1 and comprehensible language that is presented in a way that is accessible to the person providing consent2 and 7,b7 does not include consent obtained through agreement to a generic privacy policy4 7#c7 ,covered vehicle data ,the term covered vehicle data-- 7,a7 means all onboard and telematics data generated by1 processed by1 or stored on a noncommercial vehicle using computing1 storage and communication systems installed1 attached to1 or carried in the vehicle1 including diagnostic data1 entertainment system data1 navigation data1 images or data captured by onboard sensors1 or cameras1 including images or data used to support automated features or autonomous driving1 internet access1 and communication to and from vehicle occupants2 7,b7 includes data gathered by event data recorders2 and 7,c7 does not include-- 7i7 automotive software installed by the manufacturer1 as defined by applicable industry standards or regulations2 7ii7 any data subject to chapter #aai of this title or section #ajd of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjd72 or 7iii7 data that is collected from outside the vehicle1 including speed data and geolocation data1 for purposes of traffic1 law enforcement1 or toll collection4 7#d7 ,event data recorder ,the term event data recorder has the meaning given the term in section #efc4e of title #di1 ,code of ,federal ,regulations 7as in effect on ,march #e1 #bjai74 7#e7 ,investigative or law enforcement officer ,the term investigative or law enforcement officer means any officer of the ,united ,states or of a ,state or political subdivision thereof and any ,tribal justice official1 who is empowered by law to execute searches1 to seize evidence1 or to make arrests for a violation of ,federal or ,state law4 7#f7 ,noncommercial vehicle ,the term noncommercial vehicle has the meaning given the term non-,,cmv in section #chc4e of title #di1 ,code of ,federal ,regulations4 7#g7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 and any territory or possession of the ,united ,states4 7#h7 ,vehicle operator ,the term vehicle operator means-- 7,a7 a person who controls the operation of a vehicle at the time consent is sought2 and 7,b7 with respect to a vehicle that is not classified as a highly autonomous vehicle by the ,secretary of ,transportation1 the driver of the vehicle4 #bgca4 ,prohibition on access to vehicle data 7a7 ,in general ,except as provided in subsection 7b71 an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule #da of the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 by a court of competent jurisdiction1 or as otherwise provided in this chapter or sections #ajd and #cjc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjd1 #ahbc74 7b7 ,exceptions 7#a7 ,consent 7,a7 ,in general ,an investigative or law enforcement officer may access covered vehicle data if-- 7i7 the vehicle operator provides prior consent to such access2 and 7ii7 no passenger #ad years of age or older objects to the access4 7,b7 ,vehicle owner ,if the vehicle operator cannot be located with reasonable effort1 the vehicle owner or1 in the case of a leased vehicle1 the lessee1 may provide consent under this paragraph4 7,c7 ,unlawful possession ,no individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual-- 7i7 is the vehicle operator who is in unlawful possession of the vehicle2 or 7ii7 is a passenger who unlawfully obtained access to the vehicle4 7,d7 ,oral consent ,consent provided under this paragraph shall be in writing unless-- 7i7 the person providing the consent requests that the consent be made orally2 and 7ii7 the request for consent and the consent are recorded4 7,e7 ,consent of vehicle operator ,if the vehicle operator is not the owner of the vehicle and provides consent under this paragraph1 the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator4 7#b7 ,emergency 7,a7 ,in general ,an investigative or law enforcement officer1 the ,attorney ,general1 the ,deputy ,attorney ,general1 the ,associate ,attorney ,general1 or the principal prosecuting attorney of any ,state or subdivision thereof acting pursuant to a statute of that ,state1 may access covered vehicle data if-- 7i7 such officer reasonably determines that an emergency situation exists that-- 7,i7 involves immediate danger of death or serious physical injury to any person2 and 7,,ii7 requires access to covered vehicle data before such officer can1 with due diligence1 obtain a warrant2 7ii7 there are grounds upon which a warrant could be granted to authorize such access2 and 7iii7 an application for a warrant approving such access is submitted to a court within #dh hours after the access has occurred or begins to occur4 7,b7 ,denial ,if an application for a warrant submitted pursuant to subparagraph 7,a77iii7 is denied1 any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter4 7#c7 ,event data recorder for motor vehicle safety ,in addition to the exceptions in paragraphs 7#a7 and 7#b71 data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph 7#c71 7#d71 or 7#e7 of section #bdcjb7;b7 of the ,driver ,privacy ,act of #bjae 7#di ,u4,s4,c4 #cjaja note74 7#d7 ,rule of construction ,nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored1 or the retrieval of data that is not generally retrievable4 #bgcb4 ,prohibition on use of acquired information as evidence 7a7 ,in general ,if any covered vehicle data has been acquired in violation of this chapter1 no part of such information 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 ,probable cause ,no data described in section #bgca7;b77#c7 may be used to establish probable cause4 4 7b7 ,technical and conforming amendments 7#a7 ,driver ,privacy ,act of #bjae ,section #bdcjb of the ,driver ,privacy ,act of #bjae 7#di ,u4,s4,c4 #cjaja note7 is amended-- 7,a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,data and inserting ,except as provided in subsection 7c71 data2 and 7,b7 by adding at the end the following3 7c7 ,investigative or law enforcement officers ,an investigative or law enforcement officer may only access or retrieve data recorded or transmitted by an event data recorder described in subsection 7a7 in accordance with chapter #abd of title #ah1 ,united ,states ,code4 4 7#b7 ,table of chapters ,the table of chapters for part #a of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #abd4;,accessing vehicle data#bgcj 4