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Code · BILL · 117th Congress · S. 2547 (Introduced in Senate) — To improve the procedures for the authentication and the secure and tamper-evident delivery and transmission of certa... · Sec. 3

Sec. 3. Definitions

837 words·~4 min read·/bill/117/s/2547/is/section-3·

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

In this Act— the term appropriate committees of Congress means— the Committee on the Judiciary and the Committee on Appropriations of the Senate; and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives; the term authorized court officer or employee means an officer or employee of a Federal, State, or Tribal court that is authorized by the Federal, State, or Tribal court to digitally sign covered orders; the term contains an authentic digital signature , with respect to a covered order, means that the covered order contains a digital signature— by an authorized court officer or employee of the Federal, State, or Tribal court issuing the covered order; that— complies with the standards certified and promulgated by the Director of the Administrative Office of the United States Courts under section 4(a)(1)(A)(ii); or if the Director of the Administrative Office of the United States Courts promulgates updated standards under section 4(a)(1)(B)(ii), on and after the date that is 1 year after the date on which the Director of the Administrative Office of the United States Courts promulgates a set of updated standards, complies with such set of updated standards; and that confirms that the covered order is authentic; the term covered order means an order— directed to a person other than a party to the proceedings in which the order is entered; and that is— an order authorizing or approving the interception of a wire communication, oral communication, or electronic communication under chapter 119 of title 18, United States Code, or under an equivalent State law; an order authorizing or approving the installation and use of a pen register or a trap and trace device under chapter 206 of title 18, United States Code, or under an equivalent State law; an order for the installation of a mobile tracking device under section 3117 of title 18, United States Code; an order for disclosure under chapter 121 of title 18, United States Code; a search or seizure warrant issued using the procedures described in the Federal Rules of Criminal Procedure or in the case of a State or Tribal court, issued using State or Tribal warrant procedures; in the case of a court-martial or other proceeding under chapter 47 of title 10, United States Code (Uniform Code of Military Justice), a warrant or order issued under section 846 of that title; an order under section 1651 of title 28, United States Code; an order for third party assistance under section 2518(4) or section 3124 of title 18, United States Code; an order to enforce the assistance capability and capacity requirements under section 2522 of title 18, United States Code; an order under section 2705(b) of title 18, United States Code, prohibiting notifying other persons; an order authorizing electronic surveillance issued under section 105 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1805 ); an order authorizing a physical search issued under section 304 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1824 ); an order requiring the production of tangible things issued under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ); an order authorizing an acquisition or targeting that is issued under title VII of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881 et seq. ); an order issued under section 512(j) of title 17, United States Code; an order requiring the removal or blocking of content published on the internet; an order that permanently or temporarily seizes a domain name, including by requiring the change of the registrar of record for the domain name or preventing the domain name from resolving to a particular internet protocol address; or any other type of order for which the Judicial Conference of the United States determines that the use of digital signatures would result in increased trust in the courts and reduce the risk and impact of fraudulent efforts to impersonate court orders; the term digital signature has the meaning given the term in section 850.103 of title 5, Code of Federal Regulations, or any successor thereto; the term digital signature technology means cryptographic technology that allows a recipient of a covered court order to determine that the covered order— was issued by a Federal, State, or Tribal court; and has not been tampered with or modified since it was issued by the court; the term Indian Tribe has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ); the term provider means an electronic communication service provider, as defined in section 701(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881(b) ); the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; and the term Tribal means of or pertaining to an Indian Tribe.
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