BAG16392 Discussion Draft S.L.C. 114TH CONGRESS 2D SESSION S. To require the provision of data in an intelligible fornmt to a govermnemt pursuant to a court order, and for other purposes. IN THE SENATE OF THE UNITED STATES ______ introduced the following bill; which was read twice and referred to the Coimmittee on ______ A BILL To require the provision of data in an intelligible format to a government pursuant to a court order, and for other purposes. 1 Be it enacted by yhe Senate and House of Representata- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be Cited as the “Compliance with Court 5 Orders Act of 2016". 6 SEC. 2. SENSE OF CONGRESS. 7 It is the sense of Congress that- 8 (1) no person or entity is above the law; ---page 2--- 1 (2) economic growth, prosperity, security, sta— 2 bility, and liberty require adherence to the rule of 3 law; 4 (3) the Constitution and laws of the United 5 States provide for the safety, security, and civil lib— 6 erties of all United States persons and the protec- 7 tions and obligations of these laws apply to all per— 8 sons within United States jurisdiction; 9 (4) all providers of communications services and 10 products (including software) should protect the pri— 11 vacy of United States persons through implenta— 12 tion of appropriate data security and still respect the 13 rule of law and comply with all legal requirements 14 and court orders; 15 (5) to uphold both the rule of law and protect 16 the interests and security of the United States, all 17 persons receiving an authorized judicial order for in— 18 formation or data must provide, in a timely manner, 19 responsive, intelligible information or data, or appro— 20 priate technical assistance to obtain such informa— 21 tion or data; and 22 (6) covered entities must- provide responsive, in— 23 telligible information or data, or appropriate tech— 24 nical assistance to a government pursuant to a court 25 order. ---page 3--- 1 3. REQUIREMENT FOR PROVIDING DATA IN AN INTEL- 2 LIGIBLE FORMAT UPON RECEIPT OF A 3 COURT ORDER. 4 (a) REQUIREMENT.— 5 (1) IN GENERAL. Notwithstanding any other 6 provision of law and except as provided in paragraph 7 (2), a covered entity that receives a court order from 8 a government for information or data shall—— 9 (A) provide such information or data to 10 such government in an intelligible format; or 11 (B) provide such technical assistance as is 12 necessary to obtain such information or data in 13 an intelligible format or to achieve the purpose 14 of the court order. 15 (2) Scope or REQUIREMENT.—A covered enti— 16 ty that receives a court order referred to in para— 17 graph (1.)(A) shall be responsible only for modeling 18 data in an intelligible format if such data has been 19 made unintelligible by a feature, product, or service 20 owned, controlled, created, or provided, by the cov— 21 ered entity or by a third party on behalf of the cov- 22 ered entity. 23 (3) COMPENSATION FOR TECHNICAL ASSIST— 24 ANCE—A covered entity that receives a court order 25 from a government as described in paragraph (1) 26 and furnishes technical assistance under subpara— ---page 4--- 1 graph (B) of such paragraph pursuant to such order 2 shall be compensated for such costs as are reason- 3 ably neccessary and which have been directly incurred 4 in providing such technical assistance or such data 5 in an intelligible format. 6 (b) Design LIMITATIONS.——Nothing in this Act may 7 be construed to authorize any goverinnent officer to re— 8 quire or prohibit any specific design or operating system 9 to be adopted by any covered entity. 10 (c) LICENSE DISTRIBUTORS.—A provider of remote 11 computing service or electronic communication service to 12 the public that distributes licenses for products, services, 13 applications, or software of or by a covered entity shall 14 ensure that any such products, services, amilications, or 15 software distributed by such person be capable of com— 16 plying with subsection (a). 17 SEC. 4. DEFINITIONS. 18 In this Act: 19 (1) COMMUNICATION IDENTIFYING INFORMA- 20 TION.——The term "communication identifying infor— 21 mation” means dialing, routing, addressing, sig- 22 naling, switching, processing, transmitting, or other 23 information that— 24 (A) does not coinstitute the contents of a 25 communication; ---page 5--- 1 (B) identifies or assists in the identifica- 2 tion of the origin, direction, destination, date, 3 time, duration, termination, or status of each 4 communication generated, received, or con— 5 trolled by a user; and 6 (C) includes the following information or 7 the equivalent function thereof: 8 (i) Public and local source and des— 9 tination addressing, including— 10 (I) the local network and public 11 Internet Protocol addresses or any 12 similar or successor protocol; and 13 (II) addressing information that 14 may be dynamically or privately as— 15 signed, including port numbers or any 16 successor addressing method. 17 (ii) Addresses or other information 18 that uniquely identifies the equipment, fa— 19 cility, or service used to access a provider 20 or network by each party to the commu- 21 nication. 22 (iii) Service addresses and identifiers 23 generated or received by each party to the 24 communication. ---page 6--- 1 (iv) Information identifying quantity 2 or quality of the communication, including 3 packet size, quality of seryice information, 4 or other information from which the size or 5 priority of the communication can be 6 ascertained. 7 (v) Specification of the time zone as 8 an offset from Coordinated Universal Time 9 (UTC). 10 (2) COMMUNICATIONS, The term “communica— 11 tions” has the same meaning as the terms “wire 12 communication", “oral communications", and “elec— 13 tronic communication" in section 2510 of title 18, 14 United States Code. 15 (3) COURT ORDER—The term “court order” 16 means any order or warrant issued by a court of 17 competent jurisdiction. 18 (4) COVERED ENTITY—The term “covered en— 19 tity” means a device manufacturer, a software man— 20 ufacturer, an electronic communication service, a re- 21 mote computing service, a provider of wire or elec— 22 tronic communication service, a provider of a remote 23 computing service, or any person who provides a 24 product or method to facilitate a communication or 25 the processing or storage of data. ---page 7--- 1 (5) DATA—The term “data includes 2 (A) communications and any information 3 concerning the identity of the parties to such 4 communications or the existence, substance, 5 purport, or meaning of such communications; 6 (B) information stored remotely or on a 7 device provided, designed, licensed, or manufac— 8 tured by a covered entity; 9 (7) communication identifying information; 10 and 11 (D) information identifying a specific de— 12 vice. 13 (6) ELECTRONIC COMMUNICATION SERVICE. 14 The term “electronic communication service” has 16 the meaning given such term in section 2510 of title 17 18, United States Code. 18 (7) FEATURE—The term “feature” means a 19 property or function of a device or software applica— 20 tion. 21 (8) GOVERNMENT.—The term "government” 22 means the Government of the United States and the 23 government of the District of Columbia, or any com— 24 monwealth, territory, or possession of the United 25 States, of an Indian tribe, or of any State or polit— 26 ical subdivision thereof. ---page 8--- 1 (9) INDIAN TRIBE.——The term “Indian tribe” 2 has the meaning" given such term in section 4 of the 3 Indian Self—Determination and Education Assistance 4 Act (25 USC. 4501)). 5 (10) INTELLIGIBLE. The term “intelligible”, 6 with respect to information or data, means— 7 (A) the information or data has never been 8 encrypted, enciphered, encoded, modulated, or 9 obfuscated; or 10 (B) the information or data has been 11 encrypted, enciphered, encoded, modulated, or 12 obfuscated and then decrypted, deciphered, de— 13 coded, demodulated, or deobfuscated to its 14 original form. 15 (11) REMOTE COMPUTING SERVICE. The term 16 “remote computing service” has the meaning given 17 such term in section 2711 of title 18, United States 19 Code. 20 (12) TECHNICAL ASSISTANCE—The term 21 “technical assistance”, with respect to a covered en— 22 tity that receives a court order pursuant to a provi— 23 sion of law for information or data described in sec— 24 tion 3(a)(1), includes 25 (A) isolating such information or data; ---page 9--- 1 (B) rendering such information or data in 2 an intelligible format if the information or data 3 has been made unintelligible by a feature, prod- 4 uct, or seryice omied, controlled, created, or 5 produced by the covered entity or by a third 6 party on behalf of the covered entity; and 7 (C) delivering such information or data— 8 (i) concurrently with its transmission; 9 or 10 (ii) expeditiously, if stored by a cov- 11 ered entity or on a dexice.