Title: ECPA Modernization Act of 2017
Policy area: Crime and Law Enforcement

Summary:
ECPA Modernization Act of 2017
This bill revises provisions that limit an electronic communication service provider or remote communication service provider from disclosing to law enforcement the contents of a wire or electronic communication that is in electronic storage.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1657 Introduced in Senate (IS)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ECPA Modernization Act of 2017''.

SEC. 2. WARRANT FOR STORED CONTENT AND GEOLOCATION INFORMATION.

    (a) Voluntary Disclosure of Customer Communications or Records.--
Section 2702 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``divulge'' and inserting 
                        ``disclose''; and
                            (ii) by striking ``while in electronic 
                        storage by that service'' and inserting ``that 
                        is in electronic storage with or otherwise 
                        stored, held, or maintained by that service'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A)--
                            (i) by striking ``to the public'';
                            (ii) by striking ``divulge'' and inserting 
                        ``disclose''; and
                            (iii) by striking ``which is carried or 
                        maintained on'' and inserting ``that is stored, 
                        held, or maintained by''; and
                    (C) in paragraph (3)--
                            (i) by striking ``a provider of'' and 
                        inserting ``a person or entity providing'';
                            (ii) by inserting ``, or a geolocation 
                        service,'' after ``public'';
                            (iii) by striking ``divulge'' and inserting 
                        ``disclose the contents of any communication 
                        described in section 2703(a)'';
                            (iv) by striking ``a record'' and inserting 
                        ``, any records, geolocation information,''; 
                        and
                            (v) by striking ``(not including the 
                        contents of communications covered by paragraph 
                        (1) or (2)) to any governmental entity'' and 
                        inserting ``to any governmental entity'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``divulge'' and inserting 
                        ``disclose''; and
                            (ii) by inserting ``wire or electronic'' 
                        before ``communication'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) to an originator, addressee, or intended recipient of 
        such communication, to the subscriber or customer on whose 
        behalf the provider stores, holds, or maintains such 
        communication, or to an agent of such addressee, intended 
        recipient, subscriber, or customer;''; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) with the lawful consent of the originator, addressee, 
        or intended recipient of such communication, or of the 
        subscriber or customer on whose behalf the provider stores, 
        holds, or maintains such communication;''; and
            (3) in subsection (c)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``divulge'' and inserting 
                        ``disclose'';
                            (ii) by inserting ``, geolocation 
                        information,'' after ``record''; and
                            (iii) by inserting ``wire or electronic'' 
                        before ``communications'';
                    (B) in paragraph (2)--
                            (i) by striking ``customer'' and inserting 
                        ``subscriber''; and
                            (ii) by striking ``or subscriber'' and 
                        inserting ``or customer'';
                    (C) in paragraph (5), by striking ``or'' at the 
                end;
                    (D) in paragraph (6), by striking the period at the 
                end and inserting ``; or''; and
                    (E) by adding at the end the following:
            ``(7) to a governmental entity as permitted under section 
        222(d)(4) of the Communications Act of 1934 (47 U.S.C. 
        222(d)(4)) in order to respond to a call for emergency services 
        by a user of an electronic communications device.''.
    (b) Required Disclosure of Customer Communications or Records.--
Section 2703 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                            (i) by inserting ``or remote computing 
                        service'' after ``service'';
                            (ii) by striking ``in an electronic 
                        communications system for one hundred and 
                        eighty days or less, only pursuant to'' and 
                        inserting ``with or otherwise stored, held, or 
                        maintained by the provider only if the 
                        governmental entity obtains''; and
                            (iii) by inserting ``directing disclosure'' 
                        before the period at the end; and
                    (B) by striking the second sentence;
            (2) by striking subsection (b) and inserting the following:
    ``(b) Notice.--Except as provided in section 2705, not later than 
10 business days after a governmental entity receives the contents of a 
wire or electronic communication of a subscriber or customer from a 
provider of electronic communication service or remote computing 
service, the governmental entity shall serve upon, or deliver to by 
registered or first-class mail, electronic mail, or other means 
reasonably calculated to be effective as may be specified by the court 
issuing the warrant, the subscriber or customer--
            ``(1) a copy of the warrant or emergency request; and
            ``(2) a notice that includes the information referred to in 
        clauses (i) and (ii) of section 2705(a)(4)(B).'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``A governmental'' 
                                and inserting ``In general.--Subject to 
                                paragraph (2), a governmental'';
                                    (II) by inserting ``, geolocation 
                                information service,'' after 
                                ``communication service'';
                                    (III) by striking ``to or'' and 
                                inserting ``or'';
                                    (IV) by striking ``of such 
                                service'' and inserting ``of the 
                                provider or service'';
                                    (V) by inserting ``or geolocation 
                                information'' after ``communications''; 
                                and
                                    (VI) by striking ``when'' and 
                                inserting ``if'';
                            (ii) in subparagraph (A), by inserting 
                        ``directing disclosure'' before the semicolon 
                        at the end;
                            (iii) in subparagraph (B)--
                                    (I) by striking ``for such'' and 
                                inserting ``directing''; and
                                    (II) by striking ``of this 
                                section'';
                            (iv) in subparagraph (C), by striking the 
                        semicolon at the end and inserting ``; or'';
                            (v) in subparagraph (D), by striking ``; 
                        or'' and inserting a period; and
                            (vi) by striking subparagraph (E);
                    (B) in paragraph (2)--
                            (i) by striking ``A provider'' and 
                        inserting ``Information to be disclosed.--A 
                        governmental entity may require a provider'';
                            (ii) by inserting ``, geolocation 
                        information service,'' after ``communication 
                        service'';
                            (iii) by striking ``shall disclose to a 
                        governmental entity'' and inserting ``to 
                        disclose, in response to an administrative 
                        subpoena authorized by Federal or State 
                        statute, a grand jury, trial, or civil 
                        discovery subpoena, or any means authorized 
                        under paragraph (1)''; and
                            (iv) in the matter following subparagraph 
                        (F)--
                                    (I) by striking ``such'' and 
                                inserting ``the provider or''; and
                                    (II) by striking ``when the 
                                governmental entity uses an 
                                administrative subpoena authorized by a 
                                Federal or State statute or a Federal 
                                or State grand jury or trial subpoena 
                                or any means available under paragraph 
                                (1)''; and
                    (C) in paragraph (3)--
                            (i) by striking ``A governmental'' and 
                        inserting ``Notice not required.--A 
                        governmental''; and
                            (ii) by striking ``receiving'' and 
                        inserting ``that receives'';
            (4) in subsection (f)(1)--
                    (A) by inserting ``, geolocation information 
                service,'' after ``communication services'';
                    (B) by striking ``a remote'' and inserting 
                ``remote''; and
                    (C) by inserting ``, geolocation information,'' 
                after ``records'';
            (5) in subsection (g)--
                    (A) by inserting ``, geolocation information 
                service,'' after ``communications service''; and
                    (B) by inserting ``, geolocation information,'' 
                after ``of communications''; and
            (6) by adding at the end the following:
    ``(h) Geolocation Information.--
            ``(1) In general.--A governmental entity may require a 
        provider of electronic communication service, geolocation 
        information service, or remote computing service, to disclose 
        stored geolocation information only pursuant to a warrant 
        issued and executed in accordance with the Federal Rules of 
        Criminal Procedure (or, in the case of a State court, issued 
        using State warrant procedures), issued by a court of competent 
        jurisdiction.
            ``(2) Notice.--Except as provided in section 2705, not 
        later than 10 business days after a governmental entity 
        acquires stored geolocation information, the governmental 
        entity shall serve upon, or deliver to by registered or first-
        class mail, electronic mail, or other means reasonably 
        calculated to be effective as may be specified by the court 
        issuing the warrant, the subscriber or customer--
                    ``(A) a copy of the warrant or emergency request; 
                and
                    ``(B) a notice that includes the information 
                referred to in clauses (i) and (ii) of section 
                2705(a)(4)(B).
    ``(i) Rule of Construction Related to Legal Process.--Nothing in 
this section or in section 2702 shall limit an otherwise lawful 
authority of a governmental entity to use an administrative subpoena 
authorized by Federal or State statute, a grand jury, trial, or civil 
discovery subpoena, or 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) by a court of competent 
jurisdiction to--
            ``(1) require an originator, addressee, or intended 
        recipient of a wire or electronic communication to disclose a 
        wire or electronic communication (including the contents of 
        that communication) to the governmental entity;
            ``(2) require a person or entity that provides an 
        electronic communication service to the officers, directors, 
        employees, or agents of the person or entity (for the purpose 
        of carrying out their duties) to disclose wire or electronic 
        communication (including the contents of that communication) to 
        or from the person or entity itself or to or from an officer, 
        director, employee, or agent of the entity to a governmental 
        entity, if the wire or electronic communication is stored, 
        held, or maintained on an electronic communications system 
        owned, operated, or controlled by the person or entity; or
            ``(3) require a person or entity that provides a remote 
        computing service or electronic communication service to 
        disclose a wire or electronic communication (including the 
        contents of that communication) that advertises or promotes a 
        product or service and that has been made readily accessible to 
        the general public.''.
    (c) Cost Reimbursement.--Section 2706(a) of title 18, United States 
Code, is amended by inserting ``geolocation information,'' after 
``records,''.

SEC. 3. PARTICULARITY REQUIREMENT FOR STORED ELECTRONIC RECORDS.

    Section 2703(d) of title 18, United States Code, is amended--
            (1) by redesignating--
                    (A) the first and second sentences as paragraph (1) 
                and adjusting the margins accordingly; and
                    (B) the third sentence as paragraph (2) and 
                adjusting the margins accordingly;
            (2) in paragraph (1), as redesignated--
                    (A) in the first sentence--
                            (i) by striking ``(b) or''; and
                            (ii) by striking ``the contents of a wire 
                        or electronic communication, or''; and
                    (B) by inserting ``The court order shall describe 
                with particularity the records or other information to 
                be seized by specifying, as appropriate and reasonable 
                in light of the specific circumstances of the 
                investigation, the time periods covered, the target 
                individuals or accounts, the applications or services 
                covered, and the types of information sought.'' after 
                ``investigation.''; and
            (3) in paragraph (2), as redesignated--
                    (A) by striking ``, if'' and inserting ``, if--'';
                    (B) by striking ``the information'' and inserting 
                ``(A) the information'';
                    (C) by inserting ``; or'' after ``nature''; and
                    (D) by striking ``or compliance'' and inserting 
                ``(B) compliance''.

SEC. 4. NOTICE OF LAWFULLY OBTAINED INFORMATION.

    Section 2705 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--A governmental entity that is seeking a 
        warrant under subsection (a) or (h) of section 2703 may include 
        in the application for the warrant a request for an order 
        delaying the notification required under section 2703(b) for a 
        period of not more than 90 days.'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``An adverse result for 
                the purposes of paragraph (1) of this subsection is'' 
                and inserting ``Determination.--A court shall grant a 
                request for delayed notification made under paragraph 
                (1) if the court determines that there is reason to 
                believe, based on specific and articulable facts, that 
                notification of the existence of the warrant will 
                result in'';
                    (C) by striking paragraphs (3) and (4) and 
                inserting the following:
            ``(3) Extension.--Upon request by a governmental entity, a 
        court may grant one or more extensions of the delay of 
        notification granted under paragraph (2) of not more than 90 
        days.'';
                    (D) by redesignating paragraph (5) as paragraph 
                (4);
                    (E) in paragraph (4), as redesignated,--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``Upon'' and 
                                inserting ``Expiration of the delay of 
                                notification.--Upon'';
                                    (II) by striking ``(1) or (4) of 
                                this subsection'' and inserting ``(2) 
                                or (3)'';
                                    (III) by inserting ``to'' after 
                                ``deliver''; and
                                    (IV) by striking ``to,'' and 
                                inserting ``, electronic mail, or other 
                                means reasonably calculated to be 
                                effective as specified by the court 
                                approving the search warrant,'';
                            (ii) by striking subparagraph (A);
                            (iii) by striking ``a copy of the process 
                        or request together with notice that'' and 
                        inserting the following:
                    ``(A) a copy of the warrant; and''; and
                            (iv) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i)--
                                            (aa) by inserting ``notice 
                                        that'' before ``informs''; and
                                            (bb) by striking ``such'' 
                                        and inserting ``the'';
                                    (II) by redesignating--
                                            (aa) clauses (ii) through 
                                        (iv) as clauses (iv) through 
                                        (vi), respectively; and
                                            (bb) clause (i) as clause 
                                        (ii);
                                    (III) by adding before clause (ii), 
                                as redesignated, the following:
                            ``(i) of the nature of the law enforcement 
                        inquiry with reasonable specificity;'';
                                    (IV) in clause (ii), as 
                                redesignated, by striking ``to or 
                                requested by that governmental 
                                authority and the date on which the 
                                supplying or request took place'' and 
                                inserting ``to, or requested by, the 
                                governmental entity'';
                                    (V) by inserting after clause (ii), 
                                as redesignated, the following:
                            ``(iii) of the date on which the warrant 
                        was served on the provider and the date on 
                        which the information was provided by the 
                        provider to the governmental entity;'';
                                    (VI) in clause (v), as 
                                redesignated, by striking ``what 
                                governmental entity or court made the 
                                certification or determination pursuant 
                                to which that delay was made'' and 
                                inserting ``the identity of the court 
                                authorizing the delay''; and
                                    (VII) in clause (vi), as 
                                redesignated, by striking ``which 
                                provision of this chapter allowed such 
                                delay'' and inserting ``of the 
                                provision of this chapter under which 
                                the delay was authorized''; and
                    (F) by striking paragraph (6); and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Preclusion of Notice to Subject of Governmental Access.--
            ``(1) In general.--A governmental entity that is obtaining 
        the contents of a communication or information or records under 
        section 2703 may apply to a court for an order directing a 
        provider of electronic communication service, geolocation 
        service, or remote computing service to which a warrant, order, 
        subpoena, or other directive under section 2703 is directed not 
        to notify any other person of the existence of the warrant, 
        order, subpoena, or other directive for a period of not more 
        than 90 days.
            ``(2) Determination.--A court shall grant a request for an 
        order made under paragraph (1) if the court determines that 
        there is reason to believe, based on specific and articulable 
        facts, that notification of the existence of the warrant, 
        order, subpoena, or other directive will result in--
                    ``(A) endangering the life or physical safety of an 
                individual;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) otherwise seriously jeopardizing an 
                investigation or unduly delaying a trial.
            ``(3) Extension.--Upon request by a governmental entity, a 
        court may grant one or more extensions of an order granted 
        under paragraph (2) of not more than 90 days.
            ``(4) Notification of changed circumstances.--Upon 
        conclusion of the investigation for which a warrant, order, 
        subpoena, or other directive under section 2703 was sought, or 
        if the need for the nondisclosure order under subparagraph (2) 
        ceases to exist, the governmental entity that requested the 
        nondisclosure order shall, within a reasonable period of time, 
        notify the court of the changed circumstances so that the 
        nondisclosure order can be reassessed or vacated.
            ``(5) Exception.--A provider of electronic communication 
        service or remote computing service to which an order under 
        subsection (b)(2) applies, or officer, employee, or agent 
        thereof, may disclose information otherwise subject to any 
        applicable nondisclosure requirement to--
                    ``(A) those persons to whom disclosure is necessary 
                in order to comply with the request;
                    ``(B) an attorney in order to obtain legal advice 
                or assistance regarding the request; and
                    ``(C) upon an application by a provider, any person 
                the court determines can be notified of the request 
                without causing the adverse result in subparagraph (2) 
                that serves as the basis for the issuance of the 
                nondisclosure order.
            ``(6) Scope of nondisclosure order.--Any person to whom 
        disclosure is made under paragraph (5) shall be subject to the 
        nondisclosure requirements applicable to the person to whom the 
        order is issued under subparagraph (2) in the same manner as 
        the person to whom the request is issued. Any recipient that 
        discloses to a person information otherwise subject to a 
        nondisclosure requirement shall notify the person of the 
        applicable nondisclosure requirement.''.

SEC. 5. WARRANT REQUIREMENT FOR REAL-TIME GEOLOCATION INFORMATION AND 
              LOCATION TRACKING.

    (a) Definitions.--Section 2711 of title 18, United States Code, is 
amended--
            (1) in paragraph (3)(B), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; or
            (3) by adding at the end the following:
            ``(5) the term `electronic communications device' means any 
        device that enables access to or use of an electronic 
        communications system, electronic communication service, remote 
        computing service, or geolocation information service;
            ``(6) the term `geolocation information'--
                    ``(A) means any information concerning the past or 
                current location of an electronic communications device 
                that is in whole or in part generated by or derived 
                from the operation or use of the electronic 
                communications device; and
                    ``(B) does not include--
                            ``(i) information described in section 
                        2703(c)(2); or
                            ``(ii) the contents of a communication; and
            ``(7) the term `geolocation information service' means the 
        provision of a service or functionality that uses or collects 
        geolocation information.''.
    (b) Location Tracking of Electronic Communications Device.--
            (1) In general.--Chapter 121 of title 18, United States 
        Code, is amended by adding at the end the following:

``SEC. 2713. LOCATION TRACKING OF ELECTRONIC COMMUNICATIONS DEVICE.

    ``(a) Prohibition.--Except as provided in subsection (b), (c), or 
(d), or section 2702 or 2703, no governmental entity may access or use 
an electronic communications device to acquire geolocation information.
    ``(b) Acquisition Pursuant to a Warrant or Court Order.--A 
governmental entity may access or use an electronic communications 
device to acquire geolocation information if the governmental entity 
obtains--
            ``(1) a warrant issued and executed in accordance with 
        provisions relating to tracking devices in the Federal Rules of 
        Criminal Procedure (or, in the case of a State court, issued 
        using State warrant procedures), issued by a court of competent 
        jurisdiction authorizing the access or use of an electronic 
        communications device to acquire geolocation information; or
            ``(2) a court order under title I, title III, or title VII 
        of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801 et seq., 1821 et seq., and 1881 et seq.) authorizing the 
        access or use of an electronic communications device to acquire 
        geolocation information.
    ``(c) Permitted Acquisitions Without Court Order.--A governmental 
entity may access or use an electronic communications device to acquire 
geolocation information--
            ``(1) as permitted under section 222(d)(4) of the 
        Communications Act of 1934 (47 U.S.C. 222(d)(4)) in order to 
        respond to a call for emergency services by a user of an 
        electronic communications device;
            ``(2) with the lawful consent of the owner or authorized 
        user of the electronic communications device concerned; or
            ``(3) if the owner or user of the electronic communications 
        device concerned has knowingly communicated geolocation 
        information in a manner that is readily accessible to the 
        general public.
    ``(d) Emergency Acquisition of Geolocation Information.--
            ``(1) In general.--Subject to paragraph (2), an 
        investigative or law enforcement officer specially designated 
        by the Attorney General, the Deputy Attorney General, the 
        Associate Attorney General, any Assistant Attorney General, any 
        acting Assistant Attorney General, any United States attorney, 
        any acting United States attorney, or the principal prosecuting 
        attorney of any State or political subdivision thereof acting 
        pursuant to a statute of that State may access or use an 
        electronic communications device to acquire geolocation 
        information if the investigative or law enforcement officer 
        reasonably determines that--
                    ``(A) an emergency situation exists that--
                            ``(i) involves--
                                    ``(I) immediate danger of death or 
                                serious bodily injury to any person; or
                                    ``(II) an immediate threat to 
                                national security; and
                            ``(ii) requires the access or use of an 
                        electronic communications device to acquire 
                        geolocation information before an order 
                        authorizing the acquisition may, with due 
                        diligence, be obtained; and
                    ``(B) in circumstances in which geolocation 
                information may be used as evidence of a crime or in 
                furtherance of a criminal investigation, there are 
                grounds upon which an order could be entered under this 
                section to authorize the accessing or use of an 
                electronic communications device to acquire geolocation 
                information.
            ``(2) Notice, order and termination.--If an investigative 
        or law enforcement officer accesses or uses an electronic 
        communications device to acquire geolocation information under 
        paragraph (1)--
                    ``(A) the officer shall, not later than 10 business 
                days after acquiring geolocation information, serve 
                upon, or deliver to by registered or first-class mail, 
                electronic mail, or other means reasonably calculated 
                to be effective, notice to the owner or authorized user 
                of the electronic communications device whose 
                geolocation information was acquired that such 
                information was obtained or accessed pursuant to the 
                emergency provisions under this subsection and 
                describing the factual bases that led to the officer's 
                determination that an emergency situation existed;
                    ``(B) in circumstances in which geolocation 
                information may be used as evidence of a crime or in 
                furtherance of a criminal investigation, not later than 
                48 hours after the activity to acquire or access the 
                geolocation information has occurred, or begins to 
                occur, the investigative or law enforcement officer 
                shall seek a warrant or order described in subsection 
                (b) approving the acquisition; and
                    ``(C) unless a warrant or order described in 
                subsection (b) is issued approving the acquisition, the 
                activity to acquire the geolocation information shall 
                terminate immediately at the earlier of the time--
                            ``(i) the information sought is obtained;
                            ``(ii) the application for the warrant or 
                        order is denied; or
                            ``(iii) at which 48 hours have elapsed 
                        since the activity to acquire or access the 
                        geolocation information began to occur.
            ``(3) Violation and suppression of evidence.--
                    ``(A) In general.--In a circumstance described in 
                subparagraph (B)--
                            ``(i) no information obtained, or evidence 
                        derived, from geolocation information acquired 
                        as part of the access or use of an electronic 
                        communications device to acquire geolocation 
                        information may be received into evidence or 
                        otherwise disclosed in any trial, hearing, or 
                        other proceeding in or before any court, grand 
                        jury, department, office, agency, regulatory 
                        body, legislative committee, or other authority 
                        of the United States, a State, or political 
                        subdivision thereof;
                            ``(ii) no information concerning any person 
                        acquired from the geolocation information may 
                        be used, disseminated, or disclosed in any 
                        other manner, without the consent of the 
                        person; and
                            ``(iii) all information collected shall be 
                        promptly destroyed.
                    ``(B) Circumstances.--A circumstance described in 
                this subparagraph is any instance in which--
                            ``(i) an investigative or law enforcement 
                        officer does not--
                                    ``(I) obtain a warrant or order 
                                described in subsection (b) within 48 
                                hours of commencing the access or use 
                                of the electronic communications 
                                device; or
                                    ``(II) terminate the activity to 
                                acquire geolocation information in 
                                accordance with paragraph (2)(B); or
                            ``(ii) a court denies the application for a 
                        warrant or order approving the accessing or use 
                        of an electronic communications device to 
                        acquire geolocation information.
    ``(e) Assistance and Compensation.--
            ``(1) In general.--A warrant described in subsection (b)(1) 
        authorizing the accessing or use of an electronic 
        communications device to acquire geolocation information shall, 
        upon request of the applicant, direct that a provider of 
        electronic communication service, remote computing service, or 
        geolocation information service shall provide to the applicant 
        forthwith all information, facilities, and technical assistance 
        necessary to accomplish the acquisition unobtrusively and with 
        a minimum of interference with the services that the provider 
        is providing to or through the electronic communications device 
        in question.
            ``(2) Compensation.--Any provider of electronic 
        communication service, remote computing service, or geolocation 
        information service providing information, facilities, or 
        technical assistance under a directive under paragraph (1) 
        shall be compensated by the applicant for reasonable expenses 
        incurred in providing the information, facilities, or 
        assistance.
    ``(f) No Cause of Action Against a Provider.--No cause of action 
shall lie in any court against any provider of electronic communication 
service, remote computing service, or geolocation information service, 
or an officer, employee, or agent of the provider or other specified 
person for providing information, facilities, or assistance necessary 
to accomplish an acquisition of geolocation information authorized 
under this section.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 121 of title 18, United States Code, is 
        amended by adding at the end the following:

``2713. Location tracking of electronic communications device.''.

SEC. 6. SUPPRESSION OF UNLAWFULLY OBTAINED WIRE OR ELECTRONIC 
              COMMUNICATION OR GEOLOCATION INFORMATION.

    (a) In General.--Chapter 121 of title 18, United States Code, as 
amended by section 5(b), is amended by adding at the end the following:
``Sec. 2714. Suppression remedy
    ``(a) In General.--If a governmental entity requires the disclosure 
of a wire or electronic communication or geolocation information in 
violation of this chapter, or accesses or uses an electronic 
communications device to acquire geolocation information in violation 
of this chapter, no part of the contents of the communication, no 
geolocation information, and no evidence derived therefrom may be 
received in evidence in any trial, hearing, or other proceeding in or 
before any court, grand jury, department, officer, agency, regulatory 
body, legislative committee, or other authority of the United States, a 
State, or a political subdivision thereof.
    ``(b) Grounds.--An aggrieved person in a trial, hearing, or 
proceeding in or before a court, department, officer, agency, 
regulatory body, or other authority of the United States, a State, or a 
political subdivision thereof may move to suppress the contents of any 
wire or electronic communication or geolocation information disclosed 
or acquired under this chapter, or evidence derived therefrom, on the 
grounds that--
            ``(1) the communication or information was unlawfully 
        disclosed;
            ``(2) the warrant under which it was disclosed is 
        insufficient on its face; or
            ``(3) the disclosure was not made in conformity with the 
        warrant.
    ``(c) Procedure.--
            ``(1) Timing.--A motion under subsection (b) shall be made 
        before the trial, hearing, or proceeding commences, unless 
        there was no opportunity to make such motion or the person was 
        not aware of the grounds of the motion.
            ``(2) Inspection.--The judge or other official, upon the 
        filing of a motion under subsection (b), may make available to 
        the aggrieved person or the attorney for the aggrieved person 
        for inspection such portions of the disclosed communication, 
        geolocation information, or evidence derived therefrom as the 
        judge or other official determines to be in the interests of 
        justice.
            ``(3) Motion granted.--If a motion under subsection (b) is 
        granted, the contents of the disclosed wire or electronic 
        communication, geolocation information, or evidence derived 
        therefrom, shall be treated as having been obtained in 
        violation of this chapter.
    ``(d) Appeal.--In addition to any other right to appeal, the United 
States shall have the right to appeal an order granting a motion to 
suppress made under subsection (b) if the United States attorney 
certifies to the judge or other official granting such motion that the 
appeal is not taken for purposes of delay. Such appeal shall be taken 
within 30 days after the date the order was entered and shall be 
diligently prosecuted.
    ``(e) Definition.--In this section, the term `aggrieved person' 
means--
            ``(1) a person whose wire or electronic communication or 
        geolocation information was disclosed pursuant to this chapter; 
        or
            ``(2) the owner or authorized user of the electronic 
        communications device whose geolocation information was 
        acquired pursuant to this chapter.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 121 of title 18, United States Code, as amended by section 
5(b), is amended by adding at the end the following:

``2714. Suppression remedy.''.

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

    (a) Application for an Order for a Pen Register or a Trap and Trace 
Device.--Section 3122(b)(2) of title 18, United States Code, is 
amended--
            (1) by striking ``a certification by the applicant'' and 
        inserting ``specific and articulable facts showing that there 
        are reasonable grounds to believe''; and
            (2) by inserting ``and material'' after ``relevant''.
    (b) Issuance of an Order for a Pen Register or a Trap and Trace 
Device.--Section 3123 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``certified to the court'' 
                        and inserting ``offered specific and 
                        articulable facts showing that there are 
                        reasonable grounds to believe''; and
                            (ii) by inserting ``and material'' after 
                        ``relevant''; and
                    (B) in paragraph (2)--
                            (i) by striking ``has certified to the 
                        court'' and inserting ``offered specific and 
                        articulable facts showing that there are 
                        reasonable grounds to believe''; and
                            (ii) by inserting ``and material'' after 
                        ``relevant''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by inserting ``for a period 
                of 30 days after termination of the order, unless'' 
                after ``sealed''; and
                    (B) in paragraph (2), by inserting ``for a period 
                of 30 days after termination of the order'' after 
                ``investigation''.

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

    (a) FCC Report.--Not later than 1 year after the date of enactment, 
the Federal Communications Commission shall submit to the Committee on 
the Judiciary of the Senate and Committee on the Judiciary of the House 
of Representatives a report regarding the domestic use of cell-site 
simulators (or ``IMSI catchers'') by Federal, State, and local law 
enforcement agencies, which shall include--
            (1) an evaluation of the security vulnerabilities in 
        cellular phones and cellular networks exploited by cell-site 
        simulators, and the extent to which those vulnerabilities could 
        be or have been exploited by criminals or foreign governments; 
        and
            (2) an analysis of whether the use of cell-site simulators 
        results in disruptions in cellular phone service in affected 
        areas and the extent of such disruptions.
    (b) GAO Report.--Not later than 1 year after the date of enactment, 
the Comptroller General of the United States shall submit to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report regarding the 
domestic use of cell-site simulators (or ``IMSI catchers'') by Federal, 
State, and local law enforcement agencies, which to the extent feasible 
shall include--
            (1) a list of each Federal, State, and local law 
        enforcement agency that uses cell-site simulators, and for what 
        purposes, including whether the devices are used to monitor 
        protests or other large public gatherings and the types of 
        crimes they are used to investigate;
            (2) the extent to which the Federal Government is providing 
        or funding the purchase of cell-site simulators for State and 
        local law enforcement agencies, including which Federal grants 
        are used for such purpose;
            (3) a list of each Federal agency that makes cell-site 
        simulators available for use by State or local law enforcement 
        agencies, information about any agreements or procedures 
        governing that sharing, and information about how frequently 
        such sharing occurs;
            (4) whether any Federal, State, or local law enforcement 
        agencies are using cell-site simulators to obtain the contents 
        of communications, deliver malware to phones, or for purposes 
        other than locating a particular cellular device;
            (5) whether and the extent to which any Federal, State, or 
        local law enforcement agencies are using cell-site simulators 
        for enforcement of civil immigration law;
            (6) an explanation of the methods used by Federal, State, 
        or local law enforcement agencies to deploy cell-site 
        simulators, including whether such devices are attached to 
        planes or other aerial devices;
            (7) an explanation of the approval process that Federal, 
        State, and local law enforcement agencies require prior to use 
        of cell-site simulators, whether these agencies obtain judicial 
        approval prior to deployment of cell-site simulators, and if 
        so, what type and with what frequency;
            (8) an evaluation of whether Federal, State, or local law 
        enforcement agencies have adequate training and auditing 
        mechanisms in place regarding the use of cell-site simulators, 
        and whether these agencies have policies or procedures 
        governing the deletion of information collected by cell-site 
        simulators;
            (9) the number of State and local law enforcement agencies 
        that are subject to nondisclosure agreements or other orders 
        limiting disclosure of information regarding the use of cell-
        site simulators; and
            (10) the extent to which Federal, State, or local law 
        enforcement use of cell cite simulators has a disproportionate 
        impact on particular communities, and disparately impacts 
        particular racial, ethnic, or other disadvantaged communities.

SEC. 9. RULE OF CONSTRUCTION.

    Nothing in this Act, or an amendment made by this Act, shall be 
construed to preclude the acquisition by the United States Government 
of--
            (1) the contents of a wire or electronic communication 
        pursuant to other lawful authorities, including the authorities 
        under chapter 119 of title 18, United States Code, the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
        or any other provision of Federal law not specifically amended 
        by this Act; or
            (2) geolocation information, records or other information 
        relating to a subscriber or customer of any electronic 
        communication service or remote computing service (not 
        including the content of such communications) pursuant to 
        chapter 119 of title 18, United States Code, the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
        or any other provision of Federal law not specifically amended 
        by this Act.
                                 <all>