I 

118TH CONGRESS 

1ST SESSION H. R. 5309 

To amend title 18, United States Code, to require a warrant for the disclosure 

of records from a provider of electronic communication service or remote 

computing service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 29, 2023 

Mr. LIEU introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To amend title 18, United States Code, to require a warrant 

for the disclosure of records from a provider of electronic 

communication service or remote computing service, 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 ‘‘Warrant for Metadata 

5 Act’’. 


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1 SEC. 2. WARRANT REQUIREMENT FOR ELECTRONIC COM2 MUNICATION SERVICE AND REMOTE COM3 PUTING SERVICE RECORDS. 

4 (a) WARRANT REQUIREMENT.—Section 2703 of title 

5 18, United States Code, is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘for one hundred and 

8 eighty days or less,’’; and 

9 (B) by striking ‘‘A governmental entity 

10 may require the disclosure by a provider of elec11 tronic communications services of the contents 

12 of a wire or electronic communication that has 

13 been in electronic storage in an electronic com14 munications system for more than one hundred 

15 and eighty days by the means available under 

16 subsection (b) of this section.’’; 

17 (2) in subsection (c)— 

18 (A) in paragraph (1), by striking ‘‘other 

19 information’’ and all that follows, and inserting 

20 ‘‘other information, including the metadata (as 

21 that term is defined in section 3502 of title 44) 

22 of such record or other information, pertaining 

23 to a subscriber to or customer of such service 

24 (not including the contents of communications) 

25 only when the governmental entity obtains a 

26 warrant issued using the procedures described 


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1 in the Federal Rules of Criminal Procedure (or, 

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

3 warrant procedures and, in the case of a court4 martial or other proceeding under chapter 47 of 

5 title 10 (the Uniform Code of Military Justice), 

6 issued under section 846 of that title, in accord7 ance with regulations prescribed by the Presi8 dent) by a court of competent jurisdiction.’’; 

9 (B) by striking paragraph (2); and 

10 (C) by redesignating paragraph (3) as 

11 paragraph (2); and 

12 (3) in subsection (d) by striking ‘‘or (c)’’. 

13 (b) RETROACTIVE EFFECT.— 

14 (1) IN GENERAL.—The amendment made by 

15 subsection (a) shall have no effect on any disclosure 

16 required by a governmental entity pursuant to sec17 tion 2703(c) of title 18, United States Code, before 

18 the date of enactment of this Act. 

19 (2) SUBSEQUENT DISCLOSURE; EXPANDED DIS20 CLOSURE.—With respect to a disclosure required by 

21 a governmental entity pursuant to section 2703(c) of 

22 title 18, United States Code, before the date of en23 actment of this Act, any request for a subsequent 

24 disclosure related to such disclosure or an expansion 

25 of such disclosure made after the date of enactment 


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1 of this Act shall be treated as a new disclosure 

2 under such section (as amended by this Act). 

Æ 


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