BAG16392
l l 4TH CONGRESS
2D SESSION
Discussion Draft
S.L.C.
s.
To require the provision of data in an intelligible format to a government
pursuant to a court order, and for other purposes.
IN THE SENATE OF THE UNITED STATES
introdnced the following bill; which was read twice
and referred to the Committee on
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A BILL
To reqmre the provision of data in an intelligible format
to a government pursuant
to a court order, and for
other purposes.
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Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
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This Act may be cited as the "Compliance with Court
5 Orders Act of 2016".
6 SEC. 2. SENSE OF CONGRESS.
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It is the sense of Congress that-
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( 1) no person or entity is above the law;
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(2) economic growth
prosperity
security,
sta-
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bility, and liberty require
adherence
to the rule of
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law;
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(3)
the Constitution
and laws of the United
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States provide for the safety, security,
and civil lib-
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erties of all l: UnitedStates persons and the protec-
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tions and obligations of these laws apply to all per-
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sons within UUnitedStates jurisdiction;
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( 4) all providers of communications services and
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products
(including software) should protect the pri-
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vacy of United States persons through implementa-
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tion of appropriate data security and still respect the
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rule of law and comply with all legal requirements
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and court orders;
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( (5) to uphold both the rule of law and protect
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the interests
and security of the United States, all
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persons receiving an authorized judicial order for in-
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formation or data mnst provide,e, in a timely manner.
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responsive, intelligible information or data, or appro-
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priate technical assistance
to obtain such informa-
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tion or clata; ancl
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( (6)covered entities must provide responsive, in-
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telligible
information or data, or appropriate
tech-
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nical assistance to a government pursuant
order.
a court
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Discussion Draft
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1 SEC. 3. REQUIREMENT FOR PROVIDING DATA IN AN INTEL-
2
LIGIBLE
FORMAT UPON RECEIPT
OF A
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COURT ORDER.
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(a) REQUIREMENT.„
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(1) IN GENERAL.„ Notwithstanding any other
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provision of law and except as provided in paragraph
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(2), a covered entity that receives a court order from
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a government for information or data shall-
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(A) provide such information or data to
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such government in an intelligible format; or
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(B) provide such technical assistance as is
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necessary to obtain such information or data in
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an intelligible format or to achieve the purpose
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of the court order.
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(2) SCOPE OF REQUIREMENT.„ Acovered enti-
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ty that receives a court order referred to in para-
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graph (l)(A) shall be responsible only for providing
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data in an intelligible format if such data has been
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made unintelligible by a feature, product, or service
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owned, controlled, created, or provided, by the cov-
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ered entity or by a third party on behalf of the cov-
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ered entity.
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(3) COMPENSATIONFOR TECHNICALASSIST-
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ANCE.„ A covered entity that receives a court order
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from a government as described in paragraph
( 1)
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and furnishes technical assistance under subpara-
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graph (B) of such paragraph pursuant
to such order
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shall be compensated
for such costs as are reason-
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ably necessary and which have been directly incurred
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iu providing such technical assistance or such data
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in an intelligible format.
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(b) DESIGN LIMITATIONS.„ Nothing in this Act may
7 be construed to anthorize any government officer to re-
8 quire or prohibit any specific design or operating system
9 to be adopted by any covered entity.
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(c) LICENSE DISTRIBUTORS.„
provider of remote
11 computing service or electronic communication service to
12 the public that distributes
licenses for products, services,
13 applications, or software of or by a covered entity shall
14 ensure that any such products, services, applications, or
15 software distributed by such person be capable of com-
16 plying with subsection (a).
17 SEC. 4. DEFINITIONS.
In this Act:
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(1) COMMUNICATION
IDENTIFYING
INFORMA-
TION.„ The term "communication
identifying infor-
t'"1
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mation" means dialing,
routing,
addressing,
sig-
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naling, switching, processing, transmitting,
or other
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information that-
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(A) does uot constitute
the contents of a
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communication:
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(B) identifies or assists m the identifica-
tion of the origin, direction, destination, elate,
time, duration,
termination, or status of each
communication
generated,
received, or con-
trolled by a user; and
(C) includes the following information or
the equivalent function thereof:
(i) Public and local source and des-
tination addressing, including-
(I)
the local network and public
Internet
Protocol addresses or any
similar or successor protocol; and
(II) addressing information that
may be dynamically or privately as-
signed, including port numbers or any
successor addressing method.
(ii) Addresses or other information
that uniquely identifies the equipment, fa-
cility, or service used to access a provider
or network by each party to the commu-
nication.
(iii) Service addresses and identifiers
generated or received by each party to the
communication.
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(iv) Information
identifying quantity
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or quality of the communication,
including
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packet size, quality of service information,
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or other information from which the size or
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priority
of
the
communication
can be
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ascertained.
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(v) Specification of the time zone as
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an offset from Coordinated
Universal Time
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(UTC).
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(2) COMMUNICATIONS.„ The
term "communica-
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tions" has the same meaning as the terms "wire
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communication",
"oral communication",
and "elec-
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tronic communication"
in section 2510 of title 18,
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United States Code.
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(3) COURTORDER.„ The
term "court order"
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means any order or warrant
issued by a court of
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competent jurisdiction.
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(4) COVERED ENTITY.„ The
term
"covered en-
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tity" means a device manufacturer,
a software man-
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ufacturer, an electronic communication
service, a re-
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mote computing service, a provider of wire or elec-
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tronic communication service, a provider of a remote
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computing
service,
or any person who provides a
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product or method to facilitate a communication
or
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the processing or storage of data.
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(5) DATA.„ The term "data" includes-
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(A) communications and any information
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concerning the identity of the parties to such
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communications or the existence, substance,
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purport, or meaning of such communications;
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(B) information stored remotely or on a
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device provided, designed, licensed, or manufac-
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tured by a covered entity;
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( C) communication identifying information;
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and
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(D) information identifying a specific de-
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vice.
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( 6) ELECTRONIC COMMUNICATION SERVICE.„
SERVICE.-
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The term "electronic communication service" has
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the meaning given such term in section 2510 of title
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18, United States Code.
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(7) FEATt;RE.-The
term "feature" means a
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property or function of a device or software applica-
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tion.
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(8) GOVERNMENT.„ The term "government"
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means the Government of the United States and the
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government of the District of Columbia, or any com-
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monwealth, territory, or possession of the United
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States, of an Indian tribe, or of any State or polit-
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ical subdivision thereof.
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(9) INDIAN TRIBE.„ The term "Indian tribe"
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has the meaning given such term in section 4 of the
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Indian Self-Determination and Education Assistance
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Act (25 U.S.C. 450b).
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(10) INTELLIGIBLE.„ The term "intelligible",
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with respect to information or data, mcans-
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(A) the information or data has never been
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encrypted, enciphered, encoded, modulated, or
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obfuscated; or
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(B)
the information or data has been
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encrypted, enciphered, encoded, modulated, or
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obfuscated and then decrypted, deciphered, de-
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coded, demodulated, or deobfuscated
to its
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original form.
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(11) REMOTE COMPUTING SERVICE.„ The term
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"remote computing service" has the meaning given
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such term in section 2711 of title 18, United States
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Code.
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(12)
TECHNICAL ASSISTANCE.„ The
term
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"technical assistance", with respect to a covered en-
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tity that receives a court order pursuant to a provi-
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sion of law for information or data described in sec-
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tion 3(a)(l), includes-
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(A) isolating such information or data;
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(B) rendering such information or data in
an intelligible format if the information or data
has been made unintelligible by a feature, prod-
uct, or service owned, controlled, created, or
provided by the covered entity or by a third
party on behalf of the covered entity; and
(C) delivering such information or data-
(i) concurrently ,vith its transmission;
or
(ii) expeditiously, if stored by a cov-
ered entity or on a device.