Sec. 401. Capability requirements

327 words·~1 min read·/bill/116/s/4051/is/section-401

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Chapter 206 of title 18, United States Code, is amended by adding at the end the following: A wire or electronic communication service provider that had more than 1,000,000 monthly active users in the United States in January 2016 or any month thereafter shall ensure that the provider has the ability to provide the information described in paragraphs

(3)and

(7)of section 3127 directly to law enforcement agencies in an intelligible format unobtrusively and in a manner designed to uphold the nondisclosure obligations under section 3123(d)(2). For purposes of paragraph (1), the number of monthly active users of a wire or electronic communication service shall be calculated by taking the average of the number of individual users or subscribers of the service that are active per month in any calendar year. A provider of wire or electronic communication service that had more than 1,000,000 monthly users in the United States in January 2016 or any month thereafter shall ensure that the provider has the ability to provide the information described in paragraphs

(4)and

(7)of section 3127 directly to law enforcement agencies in an intelligible format unobtrusively and in a manner designed to uphold the nondisclosure obligations under section 3123(d)(2). For purposes of paragraph (1), the number of monthly active users of a wire or electronic communication service shall be calculated by taking the average of the number of individual users or subscribers of the service that are active per month in any calendar year. Subject to paragraph (2), a provider of wire or electronic communication service that provides the information described in paragraph (3), (4), or

(7)of section 3127 directly to a law enforcement agency shall be compensated for reasonable expenses directly incurred in providing the information. Reasonable expenses under paragraph

(1)may not exceed $150. . The table of sections for chapter 206 of title 18, United States Code, is amended by adding at the end the following: 3128. Capability requirements. .