II 

115TH CONGRESS 

1ST SESSION S. 1657 

To amend title 18, United States Code, to update the privacy protections 

for electronic communications information that is stored by third-party 

service providers and for geolocation information in order to protect 

consumer privacy interests while meeting law enforcement needs, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2017 

Mr. LEE (for himself and Mr. LEAHY) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to update the privacy 

protections for electronic communications information 

that is stored by third-party service providers and for 

geolocation information in order to protect consumer privacy interests while meeting law enforcement needs, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ECPA Modernization 

5 Act of 2017’’. 

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1 SEC. 2. WARRANT FOR STORED CONTENT AND 

2 GEOLOCATION INFORMATION. 

3 (a) VOLUNTARY DISCLOSURE OF CUSTOMER COMMU4 NICATIONS OR RECORDS.—Section 2702 of title 18, 

5 United States Code, is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘divulge’’ and inserting 

9 ‘‘disclose’’; and 

10 (ii) by striking ‘‘while in electronic 

11 storage by that service’’ and inserting 

12 ‘‘that is in electronic storage with or other13 wise stored, held, or maintained by that 

14 service’’; 

15 (B) in paragraph (2), in the matter pre16 ceding subparagraph (A)— 

17 (i) by striking ‘‘to the public’’; 

18 (ii) by striking ‘‘divulge’’ and insert19 ing ‘‘disclose’’; and 

20 (iii) by striking ‘‘which is carried or 

21 maintained on’’ and inserting ‘‘that is 

22 stored, held, or maintained by’’; and 

23 (C) in paragraph (3)— 

24 (i) by striking ‘‘a provider of’’ and in25 serting ‘‘a person or entity providing’’; 

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1 (ii) by inserting ‘‘, or a geolocation 

2 service,’’ after ‘‘public’’; 

3 (iii) by striking ‘‘divulge’’ and insert4 ing ‘‘disclose the contents of any commu5 nication described in section 2703(a)’’; 

6 (iv) by striking ‘‘a record’’ and insert7 ing ‘‘, any records, geolocation informa8 tion,’’; and 

9 (v) by striking ‘‘(not including the 

10 contents of communications covered by 

11 paragraph (1) or (2)) to any governmental 

12 entity’’ and inserting ‘‘to any governmental 

13 entity’’; 

14 (2) in subsection (b)— 

15 (A) in the matter preceding paragraph 

16 (1)— 

17 (i) by striking ‘‘divulge’’ and inserting 

18 ‘‘disclose’’; and 

19 (ii) by inserting ‘‘wire or electronic’’ 

20 before ‘‘communication’’; 

21 (B) by striking paragraph (1) and insert22 ing the following: 

23 ‘‘(1) to an originator, addressee, or intended re24 cipient of such communication, to the subscriber or 

25 customer on whose behalf the provider stores, holds, 

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1 or maintains such communication, or to an agent of 

2 such addressee, intended recipient, subscriber, or 

3 customer;’’; and 

4 (C) by striking paragraph (3) and insert5 ing the following: 

6 ‘‘(3) with the lawful consent of the originator, 

7 addressee, or intended recipient of such communica8 tion, or of the subscriber or customer on whose be9 half the provider stores, holds, or maintains such 

10 communication;’’; and 

11 (3) in subsection (c)— 

12 (A) in the matter preceding paragraph 

13 (1)— 

14 (i) by striking ‘‘divulge’’ and inserting 

15 ‘‘disclose’’; 

16 (ii) by inserting ‘‘, geolocation infor17 mation,’’ after ‘‘record’’; and 

18 (iii) by inserting ‘‘wire or electronic’’ 

19 before ‘‘communications’’; 

20 (B) in paragraph (2)— 

21 (i) by striking ‘‘customer’’ and insert22 ing ‘‘subscriber’’; and 

23 (ii) by striking ‘‘or subscriber’’ and 

24 inserting ‘‘or customer’’; 

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1 (C) in paragraph (5), by striking ‘‘or’’ at 

2 the end; 

3 (D) in paragraph (6), by striking the pe4 riod at the end and inserting ‘‘; or’’; and 

5 (E) by adding at the end the following: 

6 ‘‘(7) to a governmental entity as permitted 

7 under section 222(d)(4) of the Communications Act 

8 of 1934 (47 U.S.C. 222(d)(4)) in order to respond 

9 to a call for emergency services by a user of an elec10 tronic communications device.’’. 

11 (b) REQUIRED DISCLOSURE OF CUSTOMER COMMU12 NICATIONS OR RECORDS.—Section 2703 of title 18, 

13 United States Code, is amended— 

14 (1) in subsection (a)— 

15 (A) in the first sentence— 

16 (i) by inserting ‘‘or remote computing 

17 service’’ after ‘‘service’’; 

18 (ii) by striking ‘‘in an electronic com19 munications system for one hundred and 

20 eighty days or less, only pursuant to’’ and 

21 inserting ‘‘with or otherwise stored, held, 

22 or maintained by the provider only if the 

23 governmental entity obtains’’; and 

24 (iii) by inserting ‘‘directing disclo25 sure’’ before the period at the end; and 

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1 (B) by striking the second sentence; 

2 (2) by striking subsection (b) and inserting the 

3 following: 

4 ‘‘(b) NOTICE.—Except as provided in section 2705, 

5 not later than 10 business days after a governmental enti6 ty receives the contents of a wire or electronic communica7 tion of a subscriber or customer from a provider of elec8 tronic communication service or remote computing service, 

9 the governmental entity shall serve upon, or deliver to by 

10 registered or first-class mail, electronic mail, or other 

11 means reasonably calculated to be effective as may be 

12 specified by the court issuing the warrant, the subscriber 

13 or customer— 

14 ‘‘(1) a copy of the warrant or emergency re15 quest; and 

16 ‘‘(2) a notice that includes the information re17 ferred to in clauses (i) and (ii) of section 

18 2705(a)(4)(B).’’; 

19 (3) in subsection (c)— 

20 (A) in paragraph (1)— 

21 (i) in the matter preceding subpara22 graph (A)— 

23 (I) by striking ‘‘A governmental’’ 

24 and inserting ‘‘IN GENERAL.—Subject 

25 to paragraph (2), a governmental’’; 

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1 (II) by inserting ‘‘, geolocation 

2 information service,’’ after ‘‘commu3 nication service’’; 

4 (III) by striking ‘‘to or’’ and in5 serting ‘‘or’’; 

6 (IV) by striking ‘‘of such service’’ 

7 and inserting ‘‘of the provider or serv8 ice’’; 

9 (V) by inserting ‘‘or geolocation 

10 information’’ after ‘‘communications’’; 

11 and 

12 (VI) by striking ‘‘when’’ and in13 serting ‘‘if’’; 

14 (ii) in subparagraph (A), by inserting 

15 ‘‘directing disclosure’’ before the semicolon 

16 at the end; 

17 (iii) in subparagraph (B)— 

18 (I) by striking ‘‘for such’’ and in19 serting ‘‘directing’’; and 

20 (II) by striking ‘‘of this section’’; 

21 (iv) in subparagraph (C), by striking 

22 the semicolon at the end and inserting ‘‘; 

23 or’’; 

24 (v) in subparagraph (D), by striking 

25 ‘‘; or’’ and inserting a period; and 

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1 (vi) by striking subparagraph (E); 

2 (B) in paragraph (2)— 

3 (i) by striking ‘‘A provider’’ and in4 serting ‘‘INFORMATION TO BE DIS5 CLOSED.—A governmental entity may re6 quire a provider’’; 

7 (ii) by inserting ‘‘, geolocation infor8 mation service,’’ after ‘‘communication 

9 service’’; 

10 (iii) by striking ‘‘shall disclose to a 

11 governmental entity’’ and inserting ‘‘to dis12 close, in response to an administrative sub13 poena authorized by Federal or State stat14 ute, a grand jury, trial, or civil discovery 

15 subpoena, or any means authorized under 

16 paragraph (1)’’; and 

17 (iv) in the matter following subpara18 graph (F)— 

19 (I) by striking ‘‘such’’ and insert20 ing ‘‘the provider or’’; and 

21 (II) by striking ‘‘when the gov22 ernmental entity uses an administra23 tive subpoena authorized by a Federal 

24 or State statute or a Federal or State 

25 grand jury or trial subpoena or any 

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1 means available under paragraph 

2 (1)’’; and 

3 (C) in paragraph (3)— 

4 (i) by striking ‘‘A governmental’’ and 

5 inserting ‘‘NOTICE NOT REQUIRED.—A 

6 governmental’’; and 

7 (ii) by striking ‘‘receiving’’ and insert8 ing ‘‘that receives’’; 

9 (4) in subsection (f)(1)— 

10 (A) by inserting ‘‘, geolocation information 

11 service,’’ after ‘‘communication services’’; 

12 (B) by striking ‘‘a remote’’ and inserting 

13 ‘‘remote’’; and 

14 (C) by inserting ‘‘, geolocation informa15 tion,’’ after ‘‘records’’; 

16 (5) in subsection (g)— 

17 (A) by inserting ‘‘, geolocation information 

18 service,’’ after ‘‘communications service’’; and 

19 (B) by inserting ‘‘, geolocation informa20 tion,’’ after ‘‘of communications’’; and 

21 (6) by adding at the end the following: 

22 ‘‘(h) GEOLOCATION INFORMATION.— 

23 ‘‘(1) IN GENERAL.—A governmental entity may 

24 require a provider of electronic communication serv25 ice, geolocation information service, or remote commstockstill on DSK30JT082PROD with BILLS

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1 puting service, to disclose stored geolocation infor2 mation only pursuant to a warrant issued and exe3 cuted in accordance with the Federal Rules of 

4 Criminal Procedure (or, in the case of a State court, 

5 issued using State warrant procedures), issued by a 

6 court of competent jurisdiction. 

7 ‘‘(2) NOTICE.—Except as provided in section 

8 2705, not later than 10 business days after a gov9 ernmental entity acquires stored geolocation infor10 mation, the governmental entity shall serve upon, or 

11 deliver to by registered or first-class mail, electronic 

12 mail, or other means reasonably calculated to be ef13 fective as may be specified by the court issuing the 

14 warrant, the subscriber or customer— 

15 ‘‘(A) a copy of the warrant or emergency 

16 request; and 

17 ‘‘(B) a notice that includes the information 

18 referred to in clauses (i) and (ii) of section 

19 2705(a)(4)(B). 

20 ‘‘(i) RULE OF CONSTRUCTION RELATED TO LEGAL

21 PROCESS.—Nothing in this section or in section 2702 

22 shall limit an otherwise lawful authority of a governmental 

23 entity to use an administrative subpoena authorized by 

24 Federal or State statute, a grand jury, trial, or civil dis25 covery subpoena, or a warrant issued using the procedures 

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1 described in the Federal Rules of Criminal Procedure (or, 

2 in the case of a State court, issued using State warrant 

3 procedures) by a court of competent jurisdiction to— 

4 ‘‘(1) require an originator, addressee, or in5 tended recipient of a wire or electronic communica6 tion to disclose a wire or electronic communication 

7 (including the contents of that communication) to 

8 the governmental entity; 

9 ‘‘(2) require a person or entity that provides an 

10 electronic communication service to the officers, di11 rectors, employees, or agents of the person or entity 

12 (for the purpose of carrying out their duties) to dis13 close wire or electronic communication (including the 

14 contents of that communication) to or from the per15 son or entity itself or to or from an officer, director, 

16 employee, or agent of the entity to a governmental 

17 entity, if the wire or electronic communication is 

18 stored, held, or maintained on an electronic commu19 nications system owned, operated, or controlled by 

20 the person or entity; or 

21 ‘‘(3) require a person or entity that provides a 

22 remote computing service or electronic communica23 tion service to disclose a wire or electronic commu24 nication (including the contents of that communica25 tion) that advertises or promotes a product or servmstockstill on DSK30JT082PROD with BILLS

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1 ice and that has been made readily accessible to the 

2 general public.’’. 

3 (c) COST REIMBURSEMENT.—Section 2706(a) of title 

4 18, United States Code, is amended by inserting 

5 ‘‘geolocation information,’’ after ‘‘records,’’. 

6 SEC. 3. PARTICULARITY REQUIREMENT FOR STORED ELEC7 TRONIC RECORDS. 

8 Section 2703(d) of title 18, United States Code, is 

9 amended— 

10 (1) by redesignating— 

11 (A) the first and second sentences as para12 graph (1) and adjusting the margins accord13 ingly; and 

14 (B) the third sentence as paragraph (2) 

15 and adjusting the margins accordingly; 

16 (2) in paragraph (1), as redesignated— 

17 (A) in the first sentence— 

18 (i) by striking ‘‘(b) or’’; and 

19 (ii) by striking ‘‘the contents of a wire 

20 or electronic communication, or’’; and 

21 (B) by inserting ‘‘The court order shall de22 scribe with particularity the records or other in23 formation to be seized by specifying, as appro24 priate and reasonable in light of the specific cir25 cumstances of the investigation, the time perimstockstill on DSK30JT082PROD with BILLS

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1 ods covered, the target individuals or accounts, 

2 the applications or services covered, and the 

3 types of information sought.’’ after ‘‘investiga4 tion.’’; and 

5 (3) in paragraph (2), as redesignated— 

6 (A) by striking ‘‘, if’’ and inserting ‘‘, if— 

7 ’’; 

8 (B) by striking ‘‘the information’’ and in9 serting ‘‘(A) the information’’; 

10 (C) by inserting ‘‘; or’’ after ‘‘nature’’; and 

11 (D) by striking ‘‘or compliance’’ and in12 serting ‘‘(B) compliance’’. 

13 SEC. 4. NOTICE OF LAWFULLY OBTAINED INFORMATION. 

14 Section 2705 of title 18, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) by striking paragraph (1) and insert18 ing the following: 

19 ‘‘(1) IN GENERAL.—A governmental entity that 

20 is seeking a warrant under subsection (a) or (h) of 

21 section 2703 may include in the application for the 

22 warrant a request for an order delaying the notifica23 tion required under section 2703(b) for a period of 

24 not more than 90 days.’’; 

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1 (B) in paragraph (2), in the matter pre2 ceding subparagraph (A), by striking ‘‘An ad3 verse result for the purposes of paragraph (1) 

4 of this subsection is’’ and inserting ‘‘DETER5 MINATION.—A court shall grant a request for 

6 delayed notification made under paragraph (1) 

7 if the court determines that there is reason to 

8 believe, based on specific and articulable facts, 

9 that notification of the existence of the warrant 

10 will result in’’; 

11 (C) by striking paragraphs (3) and (4) and 

12 inserting the following: 

13 ‘‘(3) EXTENSION.—Upon request by a govern14 mental entity, a court may grant one or more exten15 sions of the delay of notification granted under para16 graph (2) of not more than 90 days.’’; 

17 (D) by redesignating paragraph (5) as 

18 paragraph (4); 

19 (E) in paragraph (4), as redesignated,— 

20 (i) in the matter preceding subpara21 graph (A)— 

22 (I) by striking ‘‘Upon’’ and in23 serting ‘‘EXPIRATION OF THE DELAY

24 OF NOTIFICATION.—Upon’’; 

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1 (II) by striking ‘‘(1) or (4) of 

2 this subsection’’ and inserting ‘‘(2) or 

3 (3)’’; 

4 (III) by inserting ‘‘to’’ after ‘‘de5 liver’’; and 

6 (IV) by striking ‘‘to,’’ and insert7 ing ‘‘, electronic mail, or other means 

8 reasonably calculated to be effective 

9 as specified by the court approving 

10 the search warrant,’’; 

11 (ii) by striking subparagraph (A); 

12 (iii) by striking ‘‘a copy of the process 

13 or request together with notice that’’ and 

14 inserting the following: 

15 ‘‘(A) a copy of the warrant; and’’; and 

16 (iv) in subparagraph (B)— 

17 (I) in the matter preceding clause 

18 (i)— 

19 (aa) by inserting ‘‘notice 

20 that’’ before ‘‘informs’’; and 

21 (bb) by striking ‘‘such’’ and 

22 inserting ‘‘the’’; 

23 (II) by redesignating— 

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1 (aa) clauses (ii) through (iv) 

2 as clauses (iv) through (vi), re3 spectively; and 

4 (bb) clause (i) as clause (ii); 

5 (III) by adding before clause (ii), 

6 as redesignated, the following: 

7 ‘‘(i) of the nature of the law enforce8 ment inquiry with reasonable specificity;’’; 

9 (IV) in clause (ii), as redesig10 nated, by striking ‘‘to or requested by 

11 that governmental authority and the 

12 date on which the supplying or re13 quest took place’’ and inserting ‘‘to, 

14 or requested by, the governmental en15 tity’’; 

16 (V) by inserting after clause (ii), 

17 as redesignated, the following: 

18 ‘‘(iii) of the date on which the warrant 

19 was served on the provider and the date on 

20 which the information was provided by the 

21 provider to the governmental entity;’’; 

22 (VI) in clause (v), as redesig23 nated, by striking ‘‘what governmental 

24 entity or court made the certification 

25 or determination pursuant to which 

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1 that delay was made’’ and inserting 

2 ‘‘the identity of the court authorizing 

3 the delay’’; and 

4 (VII) in clause (vi), as redesig5 nated, by striking ‘‘which provision of 

6 this chapter allowed such delay’’ and 

7 inserting ‘‘of the provision of this 

8 chapter under which the delay was au9 thorized’’; and 

10 (F) by striking paragraph (6); and 

11 (2) by striking subsection (b) and inserting the 

12 following: 

13 ‘‘(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV14 ERNMENTAL ACCESS.— 

15 ‘‘(1) IN GENERAL.—A governmental entity that 

16 is obtaining the contents of a communication or in17 formation or records under section 2703 may apply 

18 to a court for an order directing a provider of elec19 tronic communication service, geolocation service, or 

20 remote computing service to which a warrant, order, 

21 subpoena, or other directive under section 2703 is 

22 directed not to notify any other person of the exist23 ence of the warrant, order, subpoena, or other direc24 tive for a period of not more than 90 days. 

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1 ‘‘(2) DETERMINATION.—A court shall grant a 

2 request for an order made under paragraph (1) if 

3 the court determines that there is reason to believe, 

4 based on specific and articulable facts, that notifica5 tion of the existence of the warrant, order, subpoena, 

6 or other directive will result in— 

7 ‘‘(A) endangering the life or physical safety 

8 of an individual; 

9 ‘‘(B) flight from prosecution; 

10 ‘‘(C) destruction of or tampering with evi11 dence; 

12 ‘‘(D) intimidation of potential witnesses; or 

13 ‘‘(E) otherwise seriously jeopardizing an 

14 investigation or unduly delaying a trial. 

15 ‘‘(3) EXTENSION.—Upon request by a govern16 mental entity, a court may grant one or more exten17 sions of an order granted under paragraph (2) of 

18 not more than 90 days. 

19 ‘‘(4) NOTIFICATION OF CHANGED CIR20 CUMSTANCES.—Upon conclusion of the investigation 

21 for which a warrant, order, subpoena, or other direc22 tive under section 2703 was sought, or if the need 

23 for the nondisclosure order under subparagraph (2) 

24 ceases to exist, the governmental entity that re25 quested the nondisclosure order shall, within a reamstockstill on DSK30JT082PROD with BILLS

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1 sonable period of time, notify the court of the 

2 changed circumstances so that the nondisclosure 

3 order can be reassessed or vacated. 

4 ‘‘(5) EXCEPTION.—A provider of electronic 

5 communication service or remote computing service 

6 to which an order under subsection (b)(2) applies, or 

7 officer, employee, or agent thereof, may disclose in8 formation otherwise subject to any applicable non9 disclosure requirement to— 

10 ‘‘(A) those persons to whom disclosure is 

11 necessary in order to comply with the request; 

12 ‘‘(B) an attorney in order to obtain legal 

13 advice or assistance regarding the request; and 

14 ‘‘(C) upon an application by a provider, 

15 any person the court determines can be notified 

16 of the request without causing the adverse re17 sult in subparagraph (2) that serves as the 

18 basis for the issuance of the nondisclosure 

19 order. 

20 ‘‘(6) SCOPE OF NONDISCLOSURE ORDER.—Any 

21 person to whom disclosure is made under paragraph 

22 (5) shall be subject to the nondisclosure require23 ments applicable to the person to whom the order is 

24 issued under subparagraph (2) in the same manner 

25 as the person to whom the request is issued. Any remstockstill on DSK30JT082PROD with BILLS

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1 cipient that discloses to a person information other2 wise subject to a nondisclosure requirement shall no3 tify the person of the applicable nondisclosure re4 quirement.’’. 

5 SEC. 5. WARRANT REQUIREMENT FOR REAL-TIME 

6 GEOLOCATION INFORMATION AND LOCATION 

7 TRACKING. 

8 (a) DEFINITIONS.—Section 2711 of title 18, United 

9 States Code, is amended— 

10 (1) in paragraph (3)(B), by striking ‘‘and’’ at 

11 the end; 

12 (2) in paragraph (4), by striking the period at 

13 the end and inserting a semicolon; and 

14 (3) by adding at the end the following: 

15 ‘‘(5) the term ‘electronic communications de16 vice’ means any device that enables access to or use 

17 of an electronic communications system, electronic 

18 communication service, remote computing service, or 

19 geolocation information service; 

20 ‘‘(6) the term ‘geolocation information’— 

21 ‘‘(A) means any information concerning 

22 the past or current location of an electronic 

23 communications device that is in whole or in 

24 part generated by or derived from the operation 

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1 or use of the electronic communications device; 

2 and 

3 ‘‘(B) does not include— 

4 ‘‘(i) information described in section 

5 2703(c)(2); or 

6 ‘‘(ii) the contents of a communication; 

7 and 

8 ‘‘(7) the term ‘geolocation information service’ 

9 means the provision of a service or functionality that 

10 uses or collects geolocation information.’’. 

11 (b) LOCATION TRACKING OF ELECTRONIC COMMU12 NICATIONS DEVICE.— 

13 (1) IN GENERAL.—Chapter 121 of title 18, 

14 United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘SEC. 2713. LOCATION TRACKING OF ELECTRONIC COMMU17 NICATIONS DEVICE. 

18 ‘‘(a) PROHIBITION.—Except as provided in sub19 section (b), (c), or (d), or section 2702 or 2703, no govern20 mental entity may access or use an electronic communica21 tions device to acquire geolocation information. 

22 ‘‘(b) ACQUISITION PURSUANT TO A WARRANT OR

23 COURT ORDER.—A governmental entity may access or use 

24 an electronic communications device to acquire geolocation 

25 information if the governmental entity obtains— 

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1 ‘‘(1) a warrant issued and executed in accord2 ance with provisions relating to tracking devices in 

3 the Federal Rules of Criminal Procedure (or, in the 

4 case of a State court, issued using State warrant 

5 procedures), issued by a court of competent jurisdic6 tion authorizing the access or use of an electronic 

7 communications device to acquire geolocation infor8 mation; or 

9 ‘‘(2) a court order under title I, title III, or title 

10 VII of the Foreign Intelligence Surveillance Act of 

11 1978 (50 U.S.C. 1801 et seq., 1821 et seq., and 

12 1881 et seq.) authorizing the access or use of an 

13 electronic communications device to acquire 

14 geolocation information. 

15 ‘‘(c) PERMITTED ACQUISITIONS WITHOUT COURT

16 ORDER.—A governmental entity may access or use an 

17 electronic communications device to acquire geolocation 

18 information— 

19 ‘‘(1) as permitted under section 222(d)(4) of 

20 the Communications Act of 1934 (47 U.S.C. 

21 222(d)(4)) in order to respond to a call for emer22 gency services by a user of an electronic communica23 tions device; 

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1 ‘‘(2) with the lawful consent of the owner or au2 thorized user of the electronic communications de3 vice concerned; or 

4 ‘‘(3) if the owner or user of the electronic com5 munications device concerned has knowingly commu6 nicated geolocation information in a manner that is 

7 readily accessible to the general public. 

8 ‘‘(d) EMERGENCY ACQUISITION OF GEOLOCATION

9 INFORMATION.— 

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

11 an investigative or law enforcement officer specially 

12 designated by the Attorney General, the Deputy At13 torney General, the Associate Attorney General, any 

14 Assistant Attorney General, any acting Assistant At15 torney General, any United States attorney, any act16 ing United States attorney, or the principal pros17 ecuting attorney of any State or political subdivision 

18 thereof acting pursuant to a statute of that State 

19 may access or use an electronic communications de20 vice to acquire geolocation information if the inves21 tigative or law enforcement officer reasonably deter22 mines that— 

23 ‘‘(A) an emergency situation exists that— 

24 ‘‘(i) involves— 

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1 ‘‘(I) immediate danger of death 

2 or serious bodily injury to any person; 

3 or 

4 ‘‘(II) an immediate threat to na5 tional security; and 

6 ‘‘(ii) requires the access or use of an 

7 electronic communications device to ac8 quire geolocation information before an 

9 order authorizing the acquisition may, with 

10 due diligence, be obtained; and 

11 ‘‘(B) in circumstances in which geolocation 

12 information may be used as evidence of a crime 

13 or in furtherance of a criminal investigation, 

14 there are grounds upon which an order could be 

15 entered under this section to authorize the ac16 cessing or use of an electronic communications 

17 device to acquire geolocation information. 

18 ‘‘(2) NOTICE, ORDER AND TERMINATION.—If 

19 an investigative or law enforcement officer accesses 

20 or uses an electronic communications device to ac21 quire geolocation information under paragraph (1)— 

22 ‘‘(A) the officer shall, not later than 10 

23 business days after acquiring geolocation infor24 mation, serve upon, or deliver to by registered 

25 or first-class mail, electronic mail, or other 

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1 means reasonably calculated to be effective, no2 tice to the owner or authorized user of the elec3 tronic communications device whose geolocation 

4 information was acquired that such information 

5 was obtained or accessed pursuant to the emer6 gency provisions under this subsection and de7 scribing the factual bases that led to the offi8 cer’s determination that an emergency situation 

9 existed; 

10 ‘‘(B) in circumstances in which geolocation 

11 information may be used as evidence of a crime 

12 or in furtherance of a criminal investigation, 

13 not later than 48 hours after the activity to ac14 quire or access the geolocation information has 

15 occurred, or begins to occur, the investigative or 

16 law enforcement officer shall seek a warrant or 

17 order described in subsection (b) approving the 

18 acquisition; and 

19 ‘‘(C) unless a warrant or order described 

20 in subsection (b) is issued approving the acqui21 sition, the activity to acquire the geolocation in22 formation shall terminate immediately at the 

23 earlier of the time— 

24 ‘‘(i) the information sought is ob25 tained; 

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1 ‘‘(ii) the application for the warrant 

2 or order is denied; or 

3 ‘‘(iii) at which 48 hours have elapsed 

4 since the activity to acquire or access the 

5 geolocation information began to occur. 

6 ‘‘(3) VIOLATION AND SUPPRESSION OF EVI7 DENCE.— 

8 ‘‘(A) IN GENERAL.—In a circumstance de9 scribed in subparagraph (B)— 

10 ‘‘(i) no information obtained, or evi11 dence derived, from geolocation informa12 tion acquired as part of the access or use 

13 of an electronic communications device to 

14 acquire geolocation information may be re15 ceived into evidence or otherwise disclosed 

16 in any trial, hearing, or other proceeding 

17 in or before any court, grand jury, depart18 ment, office, agency, regulatory body, legis19 lative committee, or other authority of the 

20 United States, a State, or political subdivi21 sion thereof; 

22 ‘‘(ii) no information concerning any 

23 person acquired from the geolocation infor24 mation may be used, disseminated, or dismstockstill on DSK30JT082PROD with BILLS

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1 closed in any other manner, without the 

2 consent of the person; and 

3 ‘‘(iii) all information collected shall be 

4 promptly destroyed. 

5 ‘‘(B) CIRCUMSTANCES.—A circumstance 

6 described in this subparagraph is any instance 

7 in which— 

8 ‘‘(i) an investigative or law enforce9 ment officer does not— 

10 ‘‘(I) obtain a warrant or order 

11 described in subsection (b) within 48 

12 hours of commencing the access or 

13 use of the electronic communications 

14 device; or 

15 ‘‘(II) terminate the activity to ac16 quire geolocation information in ac17 cordance with paragraph (2)(B); or 

18 ‘‘(ii) a court denies the application for 

19 a warrant or order approving the accessing 

20 or use of an electronic communications de21 vice to acquire geolocation information. 

22 ‘‘(e) ASSISTANCE AND COMPENSATION.— 

23 ‘‘(1) IN GENERAL.—A warrant described in 

24 subsection (b)(1) authorizing the accessing or use of 

25 an electronic communications device to acquire 

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1 geolocation information shall, upon request of the 

2 applicant, direct that a provider of electronic com3 munication service, remote computing service, or 

4 geolocation information service shall provide to the 

5 applicant forthwith all information, facilities, and 

6 technical assistance necessary to accomplish the ac7 quisition unobtrusively and with a minimum of inter8 ference with the services that the provider is pro9 viding to or through the electronic communications 

10 device in question. 

11 ‘‘(2) COMPENSATION.—Any provider of elec12 tronic communication service, remote computing 

13 service, or geolocation information service providing 

14 information, facilities, or technical assistance under 

15 a directive under paragraph (1) shall be com16 pensated by the applicant for reasonable expenses 

17 incurred in providing the information, facilities, or 

18 assistance. 

19 ‘‘(f) NO CAUSE OF ACTION AGAINST A PROVIDER.— 

20 No cause of action shall lie in any court against any pro21 vider of electronic communication service, remote com22 puting service, or geolocation information service, or an 

23 officer, employee, or agent of the provider or other speci24 fied person for providing information, facilities, or assistmstockstill on DSK30JT082PROD with BILLS

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1 ance necessary to accomplish an acquisition of geolocation 

2 information authorized under this section.’’. 

3 (2) TECHNICAL AND CONFORMING AMEND4 MENT.—The table of sections for chapter 121 of 

5 title 18, United States Code, is amended by adding 

6 at the end the following: 

‘‘2713. Location tracking of electronic communications device.’’. 

7 SEC. 6. SUPPRESSION OF UNLAWFULLY OBTAINED WIRE 

8 OR ELECTRONIC COMMUNICATION OR 

9 GEOLOCATION INFORMATION. 

10 (a) IN GENERAL.—Chapter 121 of title 18, United 

11 States Code, as amended by section 5(b), is amended by 

12 adding at the end the following: 

13 ‘‘§ 2714. Suppression remedy 

14 ‘‘(a) IN GENERAL.—If a governmental entity requires 

15 the disclosure of a wire or electronic communication or 

16 geolocation information in violation of this chapter, or ac17 cesses or uses an electronic communications device to ac18 quire geolocation information in violation of this chapter, 

19 no part of the contents of the communication, no 

20 geolocation information, and no evidence derived there21 from may be received in evidence in any trial, hearing, 

22 or other proceeding in or before any court, grand jury, 

23 department, officer, agency, regulatory body, legislative 

24 committee, or other authority of the United States, a 

25 State, or a political subdivision thereof. 

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1 ‘‘(b) GROUNDS.—An aggrieved person in a trial, 

2 hearing, or proceeding in or before a court, department, 

3 officer, agency, regulatory body, or other authority of the 

4 United States, a State, or a political subdivision thereof 

5 may move to suppress the contents of any wire or elec6 tronic communication or geolocation information disclosed 

7 or acquired under this chapter, or evidence derived there8 from, on the grounds that— 

9 ‘‘(1) the communication or information was un10 lawfully disclosed; 

11 ‘‘(2) the warrant under which it was disclosed 

12 is insufficient on its face; or 

13 ‘‘(3) the disclosure was not made in conformity 

14 with the warrant. 

15 ‘‘(c) PROCEDURE.— 

16 ‘‘(1) TIMING.—A motion under subsection (b) 

17 shall be made before the trial, hearing, or proceeding 

18 commences, unless there was no opportunity to 

19 make such motion or the person was not aware of 

20 the grounds of the motion. 

21 ‘‘(2) INSPECTION.—The judge or other official, 

22 upon the filing of a motion under subsection (b), 

23 may make available to the aggrieved person or the 

24 attorney for the aggrieved person for inspection such 

25 portions of the disclosed communication, geolocation 

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1 information, or evidence derived therefrom as the 

2 judge or other official determines to be in the inter3 ests of justice. 

4 ‘‘(3) MOTION GRANTED.—If a motion under 

5 subsection (b) is granted, the contents of the dis6 closed wire or electronic communication, geolocation 

7 information, or evidence derived therefrom, shall be 

8 treated as having been obtained in violation of this 

9 chapter. 

10 ‘‘(d) APPEAL.—In addition to any other right to ap11 peal, the United States shall have the right to appeal an 

12 order granting a motion to suppress made under sub13 section (b) if the United States attorney certifies to the 

14 judge or other official granting such motion that the ap15 peal is not taken for purposes of delay. Such appeal shall 

16 be taken within 30 days after the date the order was en17 tered and shall be diligently prosecuted. 

18 ‘‘(e) DEFINITION.—In this section, the term ‘ag19 grieved person’ means— 

20 ‘‘(1) a person whose wire or electronic commu21 nication or geolocation information was disclosed 

22 pursuant to this chapter; or 

23 ‘‘(2) the owner or authorized user of the elec24 tronic communications device whose geolocation in25 formation was acquired pursuant to this chapter.’’. 

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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of sections for chapter 121 of title 18, United 

3 States Code, as amended by section 5(b), is amended by 

4 adding at the end the following: 

‘‘2714. Suppression remedy.’’. 

5 SEC. 7. PEN REGISTER AND TRAP AND TRACE REFORMS. 

6 (a) APPLICATION FOR AN ORDER FOR A PEN REG7 ISTER OR A TRAP AND TRACE DEVICE.—Section 

8 3122(b)(2) of title 18, United States Code, is amended— 

9 (1) by striking ‘‘a certification by the appli10 cant’’ and inserting ‘‘specific and articulable facts 

11 showing that there are reasonable grounds to be12 lieve’’; and 

13 (2) by inserting ‘‘and material’’ after ‘‘rel14 evant’’. 

15 (b) ISSUANCE OF AN ORDER FOR A PEN REGISTER

16 OR A TRAP AND TRACE DEVICE.—Section 3123 of title 

17 18, United States Code, is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘certified to the court’’ 

21 and inserting ‘‘offered specific and 

22 articulable facts showing that there are 

23 reasonable grounds to believe’’; and 

24 (ii) by inserting ‘‘and material’’ after 

25 ‘‘relevant’’; and 

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1 (B) in paragraph (2)— 

2 (i) by striking ‘‘has certified to the 

3 court’’ and inserting ‘‘offered specific and 

4 articulable facts showing that there are 

5 reasonable grounds to believe’’; and 

6 (ii) by inserting ‘‘and material’’ after 

7 ‘‘relevant’’; and 

8 (2) in subsection (d)— 

9 (A) in paragraph (1), by inserting ‘‘for a 

10 period of 30 days after termination of the 

11 order, unless’’ after ‘‘sealed’’; and 

12 (B) in paragraph (2), by inserting ‘‘for a 

13 period of 30 days after termination of the 

14 order’’ after ‘‘investigation’’. 

15 SEC. 8. GAO AND FCC REPORT ON CELL-SITE SIMULATORS. 

16 (a) FCC REPORT.—Not later than 1 year after the 

17 date of enactment, the Federal Communications Commis18 sion shall submit to the Committee on the Judiciary of 

19 the Senate and Committee on the Judiciary of the House 

20 of Representatives a report regarding the domestic use of 

21 cell-site simulators (or ‘‘IMSI catchers’’) by Federal, 

22 State, and local law enforcement agencies, which shall in23 clude— 

24 (1) an evaluation of the security vulnerabilities 

25 in cellular phones and cellular networks exploited by 

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1 cell-site simulators, and the extent to which those 

2 vulnerabilities could be or have been exploited by 

3 criminals or foreign governments; and 

4 (2) an analysis of whether the use of cell-site 

5 simulators results in disruptions in cellular phone 

6 service in affected areas and the extent of such dis7 ruptions. 

8 (b) GAO REPORT.—Not later than 1 year after the 

9 date of enactment, the Comptroller General of the United 

10 States shall submit to the Committee on the Judiciary of 

11 the Senate and the Committee on the Judiciary of the 

12 House of Representatives a report regarding the domestic 

13 use of cell-site simulators (or ‘‘IMSI catchers’’) by Fed14 eral, State, and local law enforcement agencies, which to 

15 the extent feasible shall include— 

16 (1) a list of each Federal, State, and local law 

17 enforcement agency that uses cell-site simulators, 

18 and for what purposes, including whether the devices 

19 are used to monitor protests or other large public 

20 gatherings and the types of crimes they are used to 

21 investigate; 

22 (2) the extent to which the Federal Government 

23 is providing or funding the purchase of cell-site sim24 ulators for State and local law enforcement agencies, 

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1 including which Federal grants are used for such 

2 purpose; 

3 (3) a list of each Federal agency that makes 

4 cell-site simulators available for use by State or local 

5 law enforcement agencies, information about any 

6 agreements or procedures governing that sharing, 

7 and information about how frequently such sharing 

8 occurs; 

9 (4) whether any Federal, State, or local law en10 forcement agencies are using cell-site simulators to 

11 obtain the contents of communications, deliver 

12 malware to phones, or for purposes other than locat13 ing a particular cellular device; 

14 (5) whether and the extent to which any Fed15 eral, State, or local law enforcement agencies are 

16 using cell-site simulators for enforcement of civil im17 migration law; 

18 (6) an explanation of the methods used by Fed19 eral, State, or local law enforcement agencies to de20 ploy cell-site simulators, including whether such de21 vices are attached to planes or other aerial devices; 

22 (7) an explanation of the approval process that 

23 Federal, State, and local law enforcement agencies 

24 require prior to use of cell-site simulators, whether 

25 these agencies obtain judicial approval prior to demstockstill on DSK30JT082PROD with BILLS

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1 ployment of cell-site simulators, and if so, what type 

2 and with what frequency; 

3 (8) an evaluation of whether Federal, State, or 

4 local law enforcement agencies have adequate train5 ing and auditing mechanisms in place regarding the 

6 use of cell-site simulators, and whether these agen7 cies have policies or procedures governing the dele8 tion of information collected by cell-site simulators; 

9 (9) the number of State and local law enforce10 ment agencies that are subject to nondisclosure 

11 agreements or other orders limiting disclosure of in12 formation regarding the use of cell-site simulators; 

13 and 

14 (10) the extent to which Federal, State, or local 

15 law enforcement use of cell cite simulators has a dis16 proportionate impact on particular communities, and 

17 disparately impacts particular racial, ethnic, or other 

18 disadvantaged communities. 

19 SEC. 9. RULE OF CONSTRUCTION. 

20 Nothing in this Act, or an amendment made by this 

21 Act, shall be construed to preclude the acquisition by the 

22 United States Government of— 

23 (1) the contents of a wire or electronic commu24 nication pursuant to other lawful authorities, includ25 ing the authorities under chapter 119 of title 18, 

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1 United States Code, the Foreign Intelligence Sur2 veillance Act of 1978 (50 U.S.C. 1801 et seq.), or 

3 any other provision of Federal law not specifically 

4 amended by this Act; or 

5 (2) geolocation information, records or other in6 formation relating to a subscriber or customer of 

7 any electronic communication service or remote com8 puting service (not including the content of such 

9 communications) pursuant to chapter 119 of title 

10 18, United States Code, the Foreign Intelligence 

11 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 

12 or any other provision of Federal law not specifically 

13 amended by this Act. 

Æ 

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