,,ii #aahth ,,congress #b;d ,session ,h4 ,r4 #dfci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ah1 #bjbd,received ,,an ,,act ,to amend section #bgjb of title #ah1 ,united ,states ,code1 to prevent law enforcement and intelligence agencies from obtaining subscriber or customer records in exchange for anything of value1 to address communications and records in the possession of intermediary internet service providers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fourth ,amendment ,is ,not ,for ,sale ,act4 #b4 ,protection of records held by data brokers ,section #bgjb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,prohibition on obtaining in exchange for anything of value certain records and information by law enforcement and intelligence agencies 7#a7 ,definitions ,in this subsection-- 7,a7 the term covered customer or subscriber record means a covered record that is-- 7i7 disclosed to a third party by-- 7,i7 a provider of an electronic communication service to the public or a provider of a remote computing service of which the covered person with respect to the covered record is a subscriber or customer2 or 7,,ii7 an intermediary service provider that delivers1 stores1 or processes communications of such covered person2 7ii7 collected by a third party from an online account of a covered person2 or 7iii7 collected by a third party from or about an electronic device of a covered person2 7,b7 the term covered person means-- 7i7 a person who is located inside the ,united ,states2 or 7ii7 a person-- 7,i7 who is located outside the ,united ,states or whose location cannot be determined2 and 7,,ii7 who is a ,united ,states person1 as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja72 7,c7 the term covered record-- 7i7 means a record or other information that-- 7,i7 pertains to a covered person2 and 7,,ii7 is-- 7aa7 a record or other information described in the matter preceding paragraph 7#a7 of subsection 7c72 7bb7 the contents of a communication2 or 7cc7 location information2 and 7ii7 does not include a record or other information that-- 7,i7 has been voluntarily made available to the general public by a covered person on a social media plat form or similar service2 7,,ii7 is lawfully available to the public as a ,federal1 ,state1 or local government record or through other widely distributed media2 7,,iii7 is obtained by a law enforcement agency of a governmental entity or an element of the intelligence community for the purpose of conducting a background check of a covered person-- 7aa7 with the written consent of such person2 7bb7 for access or use by such agency or element for the purpose of such background check2 and 7cc7 that is destroyed after the date on which it is no longer needed for such background check2 or 7,,iv7 is data generated by a public or private ,,alpr system2 7,d7 the term electronic device has the meaning given the term computer in section #ajcj7;e72 7,e7 the term illegitimately obtained information means a covered record that-- 7i7 was obtained-- 7,i7 from a provider of an electronic communication service to the public or a provider of a remote computing service in a manner that-- 7aa7 violates the service agreement between the provider and customers or subscribers of the provider2 or 7bb7 is inconsistent with the privacy policy of the provider2 7,,ii7 by deceiving the covered person whose covered record was obtained2 or 7,,iii7 through the unauthorized accessing of an electronic device or online account2 or 7ii7 was-- 7,i7 obtained from a provider of an electronic communication service to the public1 a provider of a remote computing service1 or an intermediary service provider2 and 7,,ii7 collected1 processed1 or shared in violation of a contract relating to the covered record2 7,f7 the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc72 7,g7 the term location information means information derived or otherwise calculated from the transmission or reception of a radio signal that reveals the approximate or actual geographic location of a customer1 subscriber1 or device2 7,h7 the term obtain in exchange for anything of value means to obtain by purchasing1 to receive in connection with services being provided for consideration1 or to otherwise obtain in exchange for consideration1 including an access fee1 service fee1 maintenance fee1 or licensing fee2 7,i7 the term online account means an online account with an electronic communication service to the public or remote computing service2 7,j7 the term pertain1 with respect to a person1 means-- 7i7 information that is linked to the identity of a person2 or 7ii7 information-- 7,i7 that has been anonymized to remove links to the identity of a person2 and 7,,ii7 that1 if combined with other information1 could be used to identify a person2 7,k7 the term third party means a person who-- 7i7 is not a governmental entity2 and 7ii7 in connection with the collection1 disclosure1 obtaining1 processing1 or sharing of the covered record at issue1 was not acting as-- 7,i7 a provider of an electronic communication service to the public2 or 7,,ii7 a provider of a remote computing service2 and 7,l7 the term automated license plate recognition system or ,,alpr system means a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to convert images of license plates into computer-readable data4 7#b7 ,limitation 7,a7 ,in general ,a law enforcement agency of a governmental entity and an element of the intelligence community may not obtain from a third party in exchange for anything of value a covered customer or subscriber record or any illegitimately obtained information4 7,b7 ,indirectly acquired records and information ,the limitation under subparagraph 7,a7 shall apply without regard to whether the third party possessing the covered customer or subscriber record or illegitimately obtained information is the third party that initially obtained or collected1 or is the third party that initially received the disclosure of1 the covered customer or subscriber record or illegitimately obtained information4 7#c7 ,limit on sharing between agencies ,an agency of a governmental entity that is not a law enforcement agency or an element of the intelligence community may not provide to a law enforcement agency of a governmental entity or an element of the intelligence community a covered customer or subscriber record or illegitimately obtained information that was obtained from a third party in exchange for anything of value4 7#d7 ,prohibition on use as evidence ,a covered customer or subscriber record or illegitimately obtained information obtained by or provided to a law enforcement agency of a governmental entity or an element of the intelligence community in violation of paragraph 7#b7 or 7#c71 and any evidence derived therefrom1 may not 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 7#e7 ,minimization procedures 7,a7 ,in general ,the ,attorney ,general shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention1 and prohibit the dissemination1 of information pertaining to a covered person that is acquired in violation of paragraph 7#b7 or 7#c74 7,b7 ,use by agencies ,if a law enforcement agency of a governmental entity or element of the intelligence community acquires information pertaining to a covered person in violation of paragraph 7#b7 or 7#c71 the law enforcement agency of a governmental entity or element of the intelligence community shall minimize the acquisition and retention1 and prohibit the dissemination1 of the information in accordance with the procedures adopted under subparagraph 7,a74 4 #c4 ,required disclosure ,section #bgjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,covered customer or subscriber records and illegitimately obtained information 7#a7 ,definitions ,in this subsection1 the terms covered customer or subscriber record1 illegitimately obtained information1 and third party have the meanings given such terms in section #bgjb7;e74 7#b7 ,limitation ,unless a governmental entity obtains an order in accordance with paragraph 7#c71 the governmental entity may not require a third party to disclose a covered customer or subscriber record or any illegitimately obtained information if a court order would be required for the governmental entity to require a provider of remote computing service or a provider of electronic communication service to the public to disclose such a covered customer or subscriber record or illegitimately obtained information that is a record of a customer or subscriber of the provider4 7#c7 ,orders 7,a7 ,in general ,a court may only issue an order requiring a third party to disclose a covered customer or subscriber record or any illegitimately obtained information on the same basis and subject to the same limitations as would apply to a court order to require disclosure by a provider of remote computing service or a provider of electronic communication service to the public of a record of a customer or subscriber of the provider4 7,b7 ,standard ,for purposes of subparagraph 7,a71 a court shall apply the most stringent standard under ,federal statute or the ,constitution of the ,united ,states that would be applicable to a request for a court order to require a comparable disclosure by a provider of remote computing service or a provider of electronic communication service to the public of a record of a customer or subscriber of the provider4 4 #d4 ,intermediary service providers 7a7 ,definition ,section #bgaa of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 the term intermediary service provider means an entity or facilities owner or operator that directly or indirectly delivers1 stores1 or processes communications for or on behalf of a provider of electronic communication service to the public or a provider of remote computing service4 4 7b7 ,prohibition ,section #bgjb7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking and at the end2 7#c7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7#d7 an intermediary service provider shall not knowingly divulge-- 7,a7 to any person or entity the contents of a communication while in electronic storage by that provider2 or 7,b7 to any governmental entity a record or other information pertaining to a subscriber to or customer of1 a recipient of a communication from a subscriber to or customer of1 or the sender of a communication to a subscriber to or customer of1 the provider of electronic communication service to the public or the provider of remote computing service for1 or on behalf of1 which the intermediary service provider directly or indirectly delivers1 transmits1 stores1 or processes communications4 4 #e4 ,limits on surveillance conducted for foreign intelligence purposes other than under the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,in general ,section #beaa7b77;f7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7f7 7i7 7,a7 ,nothing contained in this chapter1 chapter #aba or #bjf of this title1 or section #gje of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 shall be deemed to affect an acquisition or activity described in clause 7,b7 that is carried out utilizing a means other than electronic surveillance1 as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7,b7 ,an acquisition or activity described in this clause is-- 7,i7 an acquisition by the ,united ,states ,government of foreign intelligence information from international or foreign communications that-- 7aa7 is acquired pursuant to express statutory authority2 or 7bb7 only includes information of persons who are not ,united ,states persons and are located outside the ,united ,states2 or 7,,ii7 a foreign intelligence activity involving a foreign electronic communications system that-- 7aa7 is conducted pursuant to express statutory authority2 or 7bb7 only involves the acquisition by the ,united ,states ,government of information of persons who are not ,united ,states persons and are located outside the ,united ,states4 7ii7 ,the procedures in this chapter1 chapter #aba1 and the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 shall be the exclusive means by which electronic surveillance1 as defined in section #aja of such ,act1 and the interception of domestic wire1 oral1 and electronic communications may be conducted4 4 7b7 ,exclusive means related to communications records ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 shall be the exclusive means by which electronic communications transactions records1 call detail records1 or other information from communications of ,united ,states persons or persons inside the ,united ,states are acquired for foreign intelligence purposes inside the ,united ,states or from a person or entity located in the ,united ,states that provides telecommunications1 electronic communication1 or remote computing services4 7c7 ,exclusive means related to location information1 web browsing history1 and internet search history 7#a7 ,definition ,in this subsection1 the term location information has the meaning given that term in subsection 7e7 of section #bgjb of title #ah1 ,united ,states ,code1 as added by section #b of this ,act4 7#b7 ,exclusive means ,title ,i and sections #cjc1 #cjd1 #gjb1 #gjc1 #gjd1 and #gje of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq41 #ahbc1 #ahbd1 #ahha;a1 #ahha;b1 #ahha;c1 #ahha;d7 shall be the exclusive means by which location information1 web browsing history1 and internet search history of ,united ,states persons or persons inside the ,united ,states are acquired for foreign intelligence purposes inside the ,united ,states or from a person or entity located in the ,united ,states4 7d7 ,exclusive means related to fourth amendment-,protected information ,title ,i and sections #cjc1 #cjd1 #gjb1 #gjc1 #gjd1 and #gje of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq41 #ahbc1 #ahbd1 #ahha;a1 #ahha;b1 #ahha;c1 #ahha;d7 shall be the exclusive means by which any information1 records1 data1 or tangible things are acquired for foreign intelligence purposes from a person or entity located in the ,united ,states if the compelled production of such information1 records1 data1 or tangible things would require a warrant for law enforcement purposes4 7e7 ,definition ,in this section1 the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 #f4 ,limit on civil immunity for providing information1 facilities1 or technical assistance to the ,government absent a court order ,section #beaa7b77;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7ii71 by striking clause 7,b7 and inserting the following3 7,b7 a certification in writing-- 7,i7 by a person specified in section #beah7g7 or the ,attorney ,general of the ,united ,states2 7,,ii7 that the requirements for an emergency authorization to intercept a wire1 oral1 or electronic communication under section #beah7g7 have been met2 and 7,,iii7 that the specified assistance is required1 2 and 7#b7 by striking subparagraph 7iii7 and inserting the following3 7iii7 ,for assistance provided pursuant to a certification under subparagraph 7ii77,b71 the limitation on causes of action under the last sentence of the matter following subparagraph 7ii77,b7 shall only apply to the extent that the assistance ceased at the earliest of the time the application for a court order was denied1 the time the communication sought was obtained1 or #dh hours after the interception began4 4 ,passed the ,house of ,representatives ,april #ag1 #bjbd4,kevin ,f4 ,mc,cumber1,clerk4