Sec. 105. Promoting the rule of law in digital governance

313 words·~1 min read·/bill/116/hr/8716/ih/section-105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

It is the sense of Congress that United States engagement with Latin America and the Caribbean regarding digital infrastructure and security should— help protect privacy, civil liberties, and human rights; and strengthen institutions aimed at fighting cybercrimes. The Secretary of State, in coordination with the Department of Justice, shall conduct diplomatic engagement to encourage and facilitate Latin American and Caribbean governments’ adoption of standards to address cybercrimes, such as institutionalizing the recommendations of the Organization of American States Ninth Meeting of Ministers of Justice or Other Ministers or Attorneys General of the Americas Working Group on Cybercrime (December 2016:

OEA/Ser. K/XXXIV), including— adopting or updating procedural measures and legislation necessary to ensure the collection and safe custody of all forms of electronic evidence and their admissibility in criminal proceedings and trials and to enable States to assist one another in matters involving electronic evidence, with due regard for rights to privacy and due process; developing and implementing national strategies to deter, investigate, and prosecute cybercrime as part of a broader and more coordinated effort to protect the information technology systems and networks of citizens, businesses, and governments; continuing to develop partnerships among Latin American and Caribbean officials responsible for preventing, investigating, and prosecuting such crimes, and the private sector, in order to streamline and improve the procurement of information in the context of mutual assistance proceedings; and working, in cooperation with like-minded democracies in international organizations, to advance standards for digital governance and promote a free and open internet.

Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 5 years after such date of enactment, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the diplomatic engagement described in subsection (b).