Surveillance Order Reporting Act of 2013

To permit periodic public reporting by electronic communications providers and remote computer service providers of certain estimates pertaining to requests or demands by Federal agencies under the provisions of certain surveillance laws where disclosure of such estimates is, or may be, otherwise prohibited by law. 1. Short title This Act may be cited as the Surveillance Order Reporting Act of 2013 2. Reporting FISA orders and national security letters (a) In general Each electronic service provider may report information to the public in accordance with this section about requests and demands for information made by any Government entity under a surveillance law, and is exempt in accordance with subsection (d) from liability with respect to that report, even if such provider would otherwise be prohibited by a surveillance law from reporting that information. (b) Periodic aggregate reports An electronic service provider may report such information not more often than quarterly and only to the following extent: (1) Estimate of numbers of demands and requests made The report may reveal an estimate of the number of such demands and requests made during the period to which the report pertains. (2) Estimate of numbers of demands and requests complied with The report may reveal an estimate of the numbers of such demands and requests the service provider complied with during the period to which the report pertains, regardless of when the demands or requests were made. (3) Estimate of number of users or accounts The report may reveal an estimate of the numbers of users or accounts, or both, of the service provider, for which information was demanded, requested, or provided during the period to which the report pertains. (c) Special rules for reports (1) Level of detail by authorizing surveillance law Any estimate disclosed under this section may be an overall estimate or broken down by categories of authorizing surveillance laws or by provisions of authorizing surveillance laws. (2) Level of detail by numerical range Each estimate disclosed under this section must be expressed in no greater detail than in a range of 100, rounded to the nearest 100s. (3) Report may be broken down by periods not less than calendar quarters For any reporting period, the provider may break down the report by calendar quarters or any other time periods greater than a calendar quarter. (d) Limitation on liability A electronic service provider making a report that provider reasonably believes in good faith is authorized by this section is not criminally or civilly liable in any court for making that report. (e) Rule of construction Nothing in this section shall be construed to prohibit disclosures other than those authorized by this section. (f) Definitions In this section: (1) The term electronic service provider section 2510 section 2711 (2) The term surveillance law (A) The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. (B) Section 802(a) of the National Security Act of 1947 ( 50 U.S.C. 436(a) (C) Section 2709 (D) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) (E) Subsections (a) or (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) (F) Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a)

Summary: Surveillance Order Reporting Act of 2013 - Permits each electronic service provider to report information to the public about requests and demands for information made by any government entity under a surveillance law and exempts such provider from liability with respect to that report even if the provider would otherwise be prohibited by a surveillance law from reporting that information. Allows the provider to report such information not more often than quarterly and only to the extent that the report reveals estimates of the number of such demands and requests made, the number the service provider complied with, and the numbers of users and/or accounts for which information was demanded, requested, or provided. Permits any estimate disclosed to be: (1) an overall estimate or broken down by categories of, or provisions of, authorizing surveillance laws; and (2) expressed in no greater detail than in a range of 100, rounded to the nearest 100s. Defines "surveillance law" to include the Foreign Intelligence Surveillance Act of 1978 and specified sections of the National Security Act of 1947, the Right to Financial Privacy Act of 1978, the Fair Credit Reporting Act, and the federal criminal code (dealing with counterintelligence access to telephone toll and transactional records).