Limitation of amendments to Federal departments and agencies

(a) In general (1) Voluntary disclosure (A) In general Section 2702 of title 18, United States Code, is amended by adding after subsection (g), as added by section 201 of this Act, the following: (h) Special procedures for voluntary disclosure to non-Federal entities (1) In general The prohibitions in subsection (a) shall not apply to disclosures to a State or local governmental entity. (2) Specific prohibitions Except as provided in paragraphs (3) and (4)— (A) a person or entity providing an electronic communication service to the public shall not knowingly divulge to a department or agency of a State or local government the contents of a communication while in electronic storage by that service; (B) a person or entity providing remote computing service to the public shall not knowingly divulge to a department or agency of a State or local government the contents of any communication which is carried or maintained on that service— (i) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such service; and (ii) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing; and (C) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subparagraph (A) or (B)) to a department or agency of a State or local government. (3) Exceptions for disclosure of communications A provider described in paragraph (2) may divulge the contents of a communication— (A) to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient; (B) as otherwise authorized in section 2517, 2511(2)(a), or 2703A of this title; (C) with the lawful consent of the originator or an addressee or intended recipient of such communication, or the subscriber in the case of remote computing service; (D) to a person employed or authorized or whose facilities are used to forward such communication to its destination; (E) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; (F) to a law enforcement agency of a State or local government, if the contents— (i) were inadvertently obtained by the service provider; and (ii) appear to pertain to the commission of a crime; or (G) to a department or agency of a State or local government, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency. (4) Exceptions for disclosure of customer records A provider described in paragraph (2) may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subparagraph (A) or (B) of paragraph (2))— (A) as otherwise authorized in section 2703A; (B) with the lawful consent of the customer or subscriber; (C) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or (D) to a department or agency of a State or local government, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency.. (2) Required disclosure (A) In general Section 2703 of title 18, United States Code is amended— (i) in the section heading, by adding to Federal departments and agencies at the end; and (ii) by adding after subsection (o), as added by section 610 of this Act, the following: (p) Limitation to Federal entities Notwithstanding section 2711, in this section, the term governmental entity — (1) means a department or agency of the United States; and (2) does not include a department or agency of a State or a political subdivision thereof.. (B) Procedures for non-Federal entities Chapter 121 of title 18, United States Code, is amended by inserting after section 2703 the following: 2703A. Required disclosure of customer communications or records to State and local departments and agencies (a) Contents of wire or electronic communications in electronic storage A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction. A governmental entity may require the disclosure by a provider of electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section. (b) Contents of wire or electronic communications in a remote computing service (1) A governmental entity may require a provider of remote computing service to disclose the contents of any wire or electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection— (A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction; or (B) with prior notice from the governmental entity to the subscriber or customer if the governmental entity— (i) uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena; or (ii) obtains a court order for such disclosure under subsection (d) of this section; except that delayed notice may be given pursuant to section 2705 of this title. (2) Paragraph (1) is applicable with respect to any wire or electronic communication that is held or maintained on that service— (A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such remote computing service; and (B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing. (c) Records concerning electronic communication service or remote computing service (1) A governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications) only when the governmental entity— (A) obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction; (B) obtains a court order for such disclosure under subsection (d) of this section; (C) has the consent of the subscriber or customer to such disclosure; (D) submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of such provider, which subscriber or customer is engaged in telemarketing (as such term is defined in section 2325 of this title); or (E) seeks information under paragraph (2). (2) A provider of electronic communication service or remote computing service shall disclose to a governmental entity the— (A) name; (B) address; (C) local and long distance telephone connection records, or records of session times and durations; (D) length of service (including start date) and types of service utilized; (E) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) means and source of payment for such service (including any credit card or bank account number), of a subscriber to or customer of such service 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). (3) A governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer. (d) Requirements for court order A court order for disclosure under subsection (b) or (c) may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. Such a court order shall not issue if prohibited by the law of the applicable State. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider. (e) No cause of action against a provider disclosing information under this chapter No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, statutory authorization, or certification under this chapter. (f) Requirement To preserve evidence (1) In general A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process. (2) Period of retention Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity. (g) Presence of officer not required Notwithstanding section 3105 of this title, the presence of an officer shall not be required for service or execution of a search warrant issued in accordance with this chapter requiring disclosure by a provider of electronic communications service or remote computing service of the contents of communications or records or other information pertaining to a subscriber to or customer of such service. (h) Limitation to non-Federal entities Notwithstanding section 2711, in this section, the term governmental entity — (1) means a department or agency of a State or a political subdivision thereof; and (2) does not include a department or agency of the United States.. (3) Tracking orders by departments and agencies of States and local governments Chapter 205 of title 18, United States Code, is amended by inserting after section 3117 the following: 3117A. Mobile tracking devices for State and local departments and agencies (a) In general If a court is empowered to issue a warrant or other order for the installation of a mobile tracking device, such order may authorize the use of that device by a department or agency of a State or a political subdivision of a State within the jurisdiction of the court, and outside that jurisdiction if the device is installed in that jurisdiction. (b) Definition As used in this section, the term tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object.. (4) Consistent protections from State and local law enforcement for real-time and historical metadata Section 3122(b)(2) of title 18, United States Code, as amended by section 605(1) of this Act, is amended by inserting after subparagraph (A) the following: (B) for an application submitted by a State law enforcement or investigative officer, a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.. (b) Limitation on Federal Governmental entities (1) In general A department or agency of the United States may not obtain or acquire any communications, data, records, or other information, or any evidence derived therefrom, from a department or agency of a State or a political subdivision thereof that was obtained or acquired by the department or agency of a State or political subdivision thereof in a manner that would be a violation of Federal law if obtained or acquired by the department or agency of the United States, or in a manner that would not satisfy the legal standards applicable to the department or agency of the United States. (2) Limitation of use as evidence Communications, data, records, other information, or evidence obtained or acquired in violation of paragraph (1), and any evidence derived therefrom, may not be used, received in evidence, or otherwise disseminated by, on behalf of, or upon a motion or other action by a department or agency of the United States in any investigation, trial, hearing, or other proceeding by, 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. (3) Use by aggrieved parties Nothing in paragraph (2) shall be construed to limit the use of any information by a person aggrieved of a violation of paragraph (1) in connection with any action relating to such a violation. (c) Technical and conforming amendments (1) Homeland Security Act of 2002 The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended— (A) in section 2207(d)(2) (6 U.S.C. 657(d)(2)), by striking section 2702(b) and inserting subsection (b) or (h) of section 2702, as applicable,; and (B) in section 2220C(e) (6 U.S.C. 665i(e)), by striking section 2702 and inserting subsection (b) or (h) of section 2702, as applicable,. (2) Chapter 110 Chapter 110 of title 18, United States Code, is amended— (A) in section 2258A(g)(4), by inserting or subparagraphs (C) through (G) of section 2702(h)(3), as applicable after section 2702(b); and (B) in section 2258B— (i) in subsection (b)(2)(C), by striking sections 2258A, 2258C, 2702, or 2703 and inserting section 2258A, section 2258C, subsection (b) or (h) of section 2702 (as applicable), or section 2703 or 2703A (as applicable); and (ii) in subsection (d)(2)(B)(iii)(II), by striking sections 2258A, 2258C, 2702, or 2703 and inserting section 2258A, section 2258C, subsection (b) or (h) of section 2702 (as applicable), or section 2703 or 2703A (as applicable). (3) Chapter 121 Chapter 121 of title 18, United States Code, is amended— (A) in section 2701(c)(3), by striking section 2703 and inserting section 2703 or 2703A (as applicable); (B) in section 2705— (i) by striking section 2703(b) each place it appears and inserting section 2703A(b); (ii) in subsection (a)(4), by striking section 2703 and inserting section 2703 or 2703A, as applicable,; and (iii) in subsection (b), in the matter preceding paragraph (1)— (I) by striking section 2703 and inserting section 2703 or 2703A, as applicable,; and (II) by striking section 2703(b)(1) and inserting section 2703A(b)(1); (C) in section 2706— (i) in subsection (a), by striking section 2702, 2703, or 2704 of this title and inserting subsection (b) or (h) of section 2702 (as applicable), section 2703 or 2703A (as applicable), or section 2704; and (ii) in subsection (c), by striking section 2703 of this title and inserting section 2703 or 2703A, as applicable; and (D) in section 2707— (i) in subsection (a), by striking section 2703(e), and inserting section 2703(e) or section 2703A(e), as applicable,; (ii) in subsection (e)(1), by striking section 2703(f) of this title and inserting section 2703(f) or section 2703A(f), as applicable; and (iii) in subsection (g), by striking section 2703 of this title, and inserting section 2703 or 2703A, as applicable,. (4) Definition of electronic communication Section 2510(12)(C) of title 18, United States Code, is amended to read as follows: (C) (i) in the case of a department or agency of the United States, a communication from a lawfully installed tracking device (as defined in section 3117 of this title), if— (I) the tracking device is physically placed; or (II) the tracking software or functionality of the tracking device is remotely activated and the communication is transmitted by the tracking software or functionality as a result of the remote activation; or (ii) in the case of a department or agency of a State or a political subdivision thereof, any communication from a tracking device (as defined in section 3117A of this title); or. (5) Chapter 121 table of sections The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2703 and inserting the following: 2703. Required disclosure of customer communications or records to Federal departments and agencies. 2703A. Required disclosure of customer communications or records to State and local departments and agencies.. (6) Chapter 205 table of sections The table of sections for chapter 205 of title 18, United States Code, is amended by striking the item relating to section 3117 and inserting the following: 3117. Tracking orders for Federal departments and agencies. 3117A. Mobile tracking devices for State and local departments and agencies.. (d) Conforming amendments to the Email Privacy Act Section 2704 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking section 2703(b)(2) and inserting section 2703A(b)(2); and (B) in paragraph (5), by striking section 2703 and inserting section 2703A; and (2) by adding at the end the following: (c) Limitation to non-Federal entities Notwithstanding section 2711, in this section, the term governmental entity — (1) means a department or agency of a State or a political subdivision thereof; and (2) does not include a department or agency of the United States..