“A bill to amend the Stored Communications Act to include Tribal courts as courts of competent jurisdiction.”
No CRS summary available for this bill.
This section amends the Stored Communications Act (SCA) to designate Tribal courts (i.e., courts of general criminal jurisdiction authorized by tribal law to issue search warrants) as courts of competent jurisdiction for issuing warrants to access the contents of wire or electronic communications in electronic storage for 180 days or less, using procedures under the Indian Civil Rights Act of 1968 (25 USC 1302(a)(2)); cross-references these procedures for warrants applicable to communications held more than 180 days by remote computing services and for subscriber records; and adds Tribal subpoenas to those authorized by Federal or State statute, grand jury, or trial subpoena. (As background, the SCA generally requires warrants for communications stored 180 days or less and permits subpoenas or court orders for those stored longer or for records.) The section further (1) expands "governmental entity" to include departments or agencies of Indian Tribes (as listed under the Federally Recognized Indian Tribe List Act of 1994); (2) authorizes delayed notice for Tribal subpoenas or court orders; (3) permits civil actions in Tribal court for SCA violations; and (4) recognizes Tribal warrants and governmental entities for disclosures of video tape rental or sale records.