Sec. 101. Data at rest
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/bill/116/hr/7891/ih/section-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 205 of title 18, United States Code, is amended by adding at the end the following: In this section— the term consumer electronic device means a device that— may be purchased by a member of the general public; and can be configured to store 1 gigabyte of data or more; the term court of competent jurisdiction means— a district court of the United States (including a magistrate judge of such a court) or a United States court of appeals; and a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; the term device manufacturer means a person who designs, manufactures, fabricates, or assembles a finished consumer electronic device; the term governmental entity has the meaning given the term in section 2711; the term operating system provider means a person who designs, markets, or sells software that— controls the operation of a consumer electronic device; and directs the processing of programs on the consumer electronic device (such as by assigning storage space in memory and controlling input and output functions); the term remote computing service has the meaning given the term in section 2711; and the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
A court of competent jurisdiction, in support of a search warrant based upon probable cause issued by the court that authorizes the search of an electronic device or remotely stored electronic information, shall, upon receiving a motion described in paragraph
(3)that states reasonable grounds to believe that the assistance required by the order will aid in the execution of the warrant, order a device manufacturer, an operating system provider, a provider of remote computing service, or another person to furnish all information, facilities, and assistance necessary to access information stored on an electronic device or to access remotely stored electronic information, as authorized by the search warrant. The information, facilities, and assistance ordered to be furnished under paragraph
(1)shall include— isolating the information authorized to be searched; decrypting or decoding information on the electronic device or remotely stored electronic information that is authorized to be searched, or otherwise providing such information in an intelligible format, unless the independent actions of an unaffiliated entity make it technically impossible to do so; and providing technical support as necessary to ensure effective execution of the warrant for the electronic devices particularly described by the warrant. An attorney for a governmental entity may move that the court issue an order under this subsection— after a search warrant that authorizes the search of an electronic device or remotely stored electronic information has been issued; or concurrently with an application for a search warrant described in subparagraph (A). Subject to subparagraph (B), a device manufacturer, operating system provider, provider of remote computing service, or other person furnishing information, facilities, or assistance pursuant to an order issued under this subsection— shall be compensated for reasonable expenses directly incurred in complying with the order; and may not be held civilly liable to any party for any action taken that is reasonably necessary to comply with the order. Reasonable expenses under subparagraph
(A)may not exceed $300. A device manufacturer that sold more than 1,000,000 consumer electronic devices in the United States in 2016 or any calendar year thereafter, or that has received an assistance capability directive under section 3513, shall ensure that the manufacturer has the ability to provide the assistance described in subsection (b)(2) for any consumer electronic device that the manufacturer— designs, manufactures, fabricates, or assembles; and intends for sale or distribution in the United States. A provider of remote computing service or operating system provider that provided service to more than 1,000,000 subscribers or users in the United States in 2016 or any calendar year thereafter, or that has received an assistance capability directive under section 3513, shall ensure that the provider has the ability to provide the assistance described in subparagraphs
(A)and
(B)of subsection (b)(2) for any remotely stored data that the provider processes or stores. A device manufacturer, provider of remote computing service, or operating system provider may satisfy the obligations under this subsection by contracting with any other United States person or entity to provide the required assistance. A device manufacturer, provider of remote computing service, or operating system provider to which this subsection applies shall bear the costs associated with the development of the capability required under this subsection, including any contracting costs incurred by the device manufacturer, provider of remote computing service, or operating system provider under paragraph (3), unless the manufacturer or provider has received an assistance capability directive under section 3513. . The table of sections for chapter 205 of title 18, United States Code, is amended by adding at the end the following: 3119. Assistance orders to third parties and capability requirements. . The obligation under section 3119(c)(1) of title 18, United States Code, as added by subsection (a), shall apply with respect to a consumer electronic device manufactured on or after the effective date in section 801 of this Act.