Summary
Creates rules for U.S. law enforcement to get data from other countries and for foreign governments to get data stored in the U.S. for investigations.
What problem does this solve?
Police investigations are often stopped when digital evidence is stored in another country. This bill makes it clear that U.S. companies must provide data to U.S. police no matter where it is stored and creates a way for trusted foreign police to get data from U.S. companies.
What does this bill do?
Reference
Text:
Section:
Sec. 3(a)
Header:
Required preservation and disclosure of communications and records
U.S. warrants apply globally
Requires communication service providers in the U.S. to turn over data they control, even if it is stored in another country.
Reference
Text:
Section:
Sec. 5
Header:
Executive agreements on access to data by foreign governments
Establishes international data sharing agreements
Allows the U.S. to make agreements with trusted foreign governments so they can request electronic data directly from U.S. companies for their own criminal investigations.
Reference
Text:
Section:
Sec. 3(b)
Header:
Comity analysis of legal process seeking contents of wire or electronic communication
Providers can challenge data requests
Lets a company ask a court to block or change a data request if it would make them break the laws of a qualifying foreign country and the user is not a U.S. person.
Sets standards for foreign partners
Requires that foreign governments in these agreements must respect human rights, privacy, and the rule of law. The U.S. Attorney General must certify that they meet these standards.
Prohibits targeting of U.S. persons
Specifies that international agreements must prevent foreign governments from targeting U.S. citizens or residents, or anyone located in the United States.
Creates congressional review process
Gives Congress 90 days to review and potentially pass a joint resolution to disapprove any new international data sharing agreement before it takes effect.
Who does this affect?
- Technology and communications companies
- U.S. and foreign law enforcement agencies
- Users of digital communication services
What is the real world impact?
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Allows foreign governments to bypass U.S. privacy laws
Creates a system for foreign governments to get data directly from U.S. companies. Critics fear this could let countries with weaker human rights records get information without following strong U.S. privacy rules.
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Expands government access to data
Allows the U.S. government to access data stored anywhere in the world with a U.S. warrant. Privacy groups worry this gives law enforcement too much power without enough checks and balances.
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Speeds up criminal investigations
Helps police get digital evidence faster when it's stored in another country, which can be slow under old rules. This helps solve serious crimes like terrorism more quickly.
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Creates a legal framework for tech companies
Gives technology companies clear rules for when they must turn over data to U.S. and foreign governments. It also gives them a way to challenge requests that conflict with other countries' laws.
When does this start?
The law's provisions take effect once enacted, with specific review periods established for international agreements.
Challenge to data requests
A service provider has 14 days after being served with a legal request to file a motion to block it based on a conflict with foreign law.
Congressional review of foreign agreements
An executive agreement with a foreign government cannot take effect until at least 90 days after Congress has been notified, allowing time for review and disapproval.
Renewal of foreign agreements
The Attorney General must review and renew the certification for each foreign agreement every 5 years for it to remain in effect.