,,ii #aaith ,,congress #b;d ,session ,s4 #dbfh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bf1 #bjbf,mr4 ,wyden introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,privacy ,protection ,act of #aihj to update and strengthen protections for newsgathering records1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,privacy ,protection ,updates ,act4 #b4 ,exclusionary rule for violations ,section #ajf of the ,privacy ,protection ,act of #aihj 7#db ,u4,s4,c4 #bjjj;aa-#f7 is amended by striking subsection 7e7 and inserting the following3 7e7 7#a7 ,except in a civil action described in subsection 7a71 materials described in subsections 7a7 and 7b7 of section #aja searched for or seized in violation of this ,act1 and evidence derived therefrom1 may not be used1 received in evidence1 or otherwise disseminated in any investigation1 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 thereof4 7#b7 7,a7 ,any aggrieved person in any trial1 hearing1 or proceeding in or before any court1 department1 office1 agency1 regulatory body1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof1 may move to suppress materials described in subsections 7a7 and 7b7 of section #aja searched for or seized pursuant to this ,act1 or evidence derived therefrom1 on the grounds that-- 7i7 the materials were unlawfully searched for or seized2 7ii7 the warrant or order permitting the search or seizure of the materials is insufficient on its face under the requirements of this ,act2 or 7iii7 the search or seizure was not made in conformity with the warrant or order4 7,b7 ,if the motion is granted1 the materials1 and evidence derived therefrom1 shall be treated as having been obtained in violation of this ,act4 4 #c4 ,other remedies permitted ,section #ajf of the ,privacy ,protection ,act of #aihj 7#db ,u4,s4,c4 #bjjj;aa-#f7 is amended-- 7#a7 by striking subsection 7d72 and 7#b7 by redesignating subsections 7e7 through 7h7 as subsections 7d7 through 7g71 respectively4 #d4 ,required disclosures in warrant application ,section #aja of the ,privacy ,protection ,act of #aihj 7#db ,u4,s4,c4 #bjjj;aa7 is amended by adding at the end of the following3 7d7 7#a7 ,in this subsection1 the term covered materials means materials described in subsection 7a7 or 7b74 7#b7 ,except as provided in paragraph 7#c71 a government officer or employee may only search for or seize covered materials1 pursuant to an exception described in subsection 7a7 or 7b71 if-- 7,a7 the officer or employee obtains 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 jurisdiction2 7,b7 in the application for a warrant described in paragraph 7#a71 the officer or employee discloses-- 7i7 the factual basis justifying the applicability of an exception described in subsection 7a7 or 7b71 including all information that-- 7,i7 might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application1 including how the materials qualify as covered materials if no exception is satisfied2 or 7,,ii7 otherwise raises doubts that an exception applies2 and 7ii7 all persons who are the targets of the investigation or prosecution of the criminal offense2 7,c7 the court finds that-- 7i7 an exception permits the search for or seizure of the covered materials2 and 7ii7 if the officer or employee argues that an exception described in subsection 7a77#a7 or 7b77#a7 applies1 that a prosecution for the alleged offense under the facts is consistent with the ,first ,amendment to the ,constitution of the ,united ,states2 and 7,d7 the court includes such limitations as the court deems necessary to protect against-- 7i7 the search for or seizure of covered materials that are not justified by an exception2 and 7ii7 the harms that might follow from a search or seizure described in clause 7i74 7#c7 ,a government officer or employee may search for or seize covered materials pursuant to the exceptions described in subsections 7a77#b7 and 7b77#b71 without following the procedures described in paragraph 7#b71 if the officer or employee-- 7,a7 takes reasonable measures to limit any search or seizure to only those covered materials that are necessary to address the harms giving rise to the exception2 and 7,b7 not later than #dh hours after such search or seizure1 submits to a court of competent jurisdiction an application that discloses-- 7i7 the covered materials searched for or seized2 7ii7 the measures described in subparagraph 7,a72 and 7iii7 the information described in paragraph 7#b77;,b74 7#d7 7,a7 ,upon receipt of an application under paragraph 7#c77;,b71 the court shall review the application and issue an order determining whether the search or seizure was justified by an exception described in paragraph 7#c74 7,b7 ,if the court issues an order described in subparagraph 7,a7 that the search for or seizure of covered materials was not justified by an exception described in paragraph 7#c7-- 7i7 the covered materials shall be treated as if they were searched for or seized1 as applicable1 in violation of this ,act2 and 7ii7 the court shall order the government officer or employee to-- 7,i7 immediately return all covered materials seized2 and 7,,ii7 destroy any copies of the covered materials seized4 7,c7 ,if the court issues an order described in subparagraph 7,a7 that the search for or seizure of covered materials was justified by an exception described in paragraph 7#c71 the court may order the government officer or employee to take any measures that the court determines are reasonable to appropriately balance the continued need for the covered materials of the government officer or employee against the harms flowing from the continued access to covered materials by the government officer or employee1 including by ordering the return of any portions of the covered materials1 the destruction of any copies of any portions of the covered materials1 or by limiting the use or dissemination of any portion of the covered materials4 4 #e4 ,clarifying possession of materials on the cloud ,section #aja of the ,privacy ,protection ,act of #aihj 7#db ,u4,s4,c4 #bjjj;aa71 as amended by section #d of this ,act1 is amended by adding at the end of the following3 7e7 ,for purposes of subsections 7a7 and 7b71 if the materials described in such subsections are stored1 held1 or maintained on an electronic communication service 7as defined in section #beaj of title #ah1 ,united ,states ,code7 or remote computing service 7as defined in section #bgaa of title #ah1 ,united ,states ,code7 by or on behalf of a customer or subscriber1 the customer or subscriber shall be the person deemed to possess such materials4 4