Sec. 601. Warrant protections for location information, web browsing records, and search query records
1,285 words·~6 min read·
/bill/119/s/4082/is/section-601A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2703 of title 18, United States Code, is amended— in subsection (a)— in the subsection heading, by striking and inserting Contents of wire or electronic communications ; and Location information, web browsing records, search query records, or contents of wire or electronic communications in the first sentence, by inserting location information, a web browsing record, a search query record, or before the contents of a wire ; and in subsection (c)(1), in the matter preceding subparagraph (A), by inserting location information, a web browsing record, a search query record, or before the contents .
Section 2711 of title 18, United States Code, is amended— in the matter preceding paragraph (1), by inserting
(a)before In general .— As used ; in subsection (a), as so designated— in paragraph (3)(C), by striking and at the end; in paragraph (4), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the term location information means information derived or otherwise calculated from the transmission or reception of a radio signal that reveals the approximate or actual geographic location of a customer, subscriber, user, or device; the term web browsing record — means a record that reveals, in part or in whole, the identity of a service provided by an online service provider, or the identity of a customer, subscriber, user, or device, for any attempted or successful communication or transmission between an online service provider and such a customer, subscriber, user, or device; includes a record that reveals, in part or in whole— the domain name, uniform resource locator, internet protocol address, or other identifier for a service provided by an online service provider with which a customer, subscriber, user, or device has exchanged or attempted to exchange a communication or transmission; or the network traffic generated by an attempted or successful communication or transmission between a service provided by an online service provider and a customer, subscriber, user, or device; and does not include a record that reveals information about an attempted or successful communication or transmission between a known service and a particular, known customer, subscriber, user, or device, if the record is maintained by the known service and is limited to revealing additional identifying information about the particular, known customer, subscriber, user, or device; and the term search query record — means a record that reveals a query term or instruction submitted, in written, verbal, or other format, by a customer, subscriber, user, or device to any service provided by an online service provider, including a search engine, voice assistant, chat bot, or navigation service; and includes a record that reveals the response provided by any service provided by an online service provider to a query term or instruction by a customer, subscriber, user, or device. ; and by adding at the end the following: Nothing in this section or section 2510 shall be construed to mean that a record may not be more than 1 of the following types of record: The contents of a communication. Location information. A web browsing record. A search query record. . Section 3117 of title 18, United States Code, is amended— in the section heading, by striking and inserting Mobile tracking devices ; Tracking orders for Federal departments and agencies by striking subsection (b); by redesignating subsection
(a)as subsection (c); by inserting before subsection (c), as so redesignated, the following: No officer or employee of a governmental entity may install or direct the installation of a tracking device, except pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction. Subject to paragraph (2), the prohibition under subsection
(a)does not apply in an instance in which an investigative or law enforcement officer reasonably determines that— a circumstance described in subparagraph (i), (ii), or
(iii)of section 2518(7)(a) exists; and there are grounds upon which a warrant could be issued to authorize the installation of the tracking device. If a tracking device is installed under the authority under paragraph (1), an application for a warrant shall be made within 48 hours after the installation. In the absence of a warrant, use of a tracking device under the authority under paragraph
(1)shall immediately terminate when the investigative information sought is obtained or when the application for the warrant is denied, whichever is earlier. In the event an application for a warrant described in paragraph
(2)is denied, or in any other case where the use of a tracking device under the authority under paragraph
(1)is terminated without a warrant having been issued, the information obtained shall be treated as having been obtained in violation of this section, and an inventory describing the installation and use of the tracking device shall be served on the person named in the warrant application. ; in subsection (c), as so redesignated— in the subsection heading, by striking and inserting In general ; Jurisdiction by striking or other order ; by striking mobile ; by striking such order and inserting such warrant ; and by adding at the end the following: For purposes of this subsection, the installation of a tracking device occurs within the jurisdiction in which the device is physically located when the installation is complete. ; and by adding at the end the following: As used in this section— the term computer has the meaning given that term in section 1030(e); the term court of competent jurisdiction has the meaning given that term in section 2711; the term governmental entity — means a department or agency of the United States; and does not include a department or agency of a State or a political subdivision thereof. the term installation of a tracking device means, whether performed by an officer or employee of a governmental entity or by a provider at the direction of a governmental entity— the physical placement of a tracking device; the remote activation of the tracking software or functionality of a tracking device; or the acquisition of a radio signal transmitted by a tracking device; and the term tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object, including a phone, wearable device, connected vehicle, or other computer owned, used, or possessed by the target of surveillance. . Section 2703 of title 18, United States Code, is amended by adding at the end the following: A governmental entity may require the prospective disclosure by an online service provider of a web browsing record only pursuant to a warrant issued using the procedures described in subsection (a). A warrant requiring the prospective disclosure by an online service provider of web browsing records may require disclosure of web browsing records for only a period as is necessary to achieve the objective of the disclosure, not to exceed 30 days from issuance of the warrant. Extensions of such a warrant may be granted, but only upon satisfaction of the showings necessary for issuance of the warrant in the first instance. A governmental entity may require the prospective disclosure by an online service provider of location information only pursuant to a warrant issued using the procedures described in subsection (a), that satisfies the restrictions imposed on warrants for tracking devices imposed by section 3117 of this title and rule 41 of the Federal Rules of Criminal Procedure. .