“A bill to amend title 18, United States Code, to modify delayed notice requirements, and for other purposes.”
No CRS summary available for this bill.
This section revises subsection (b) of 18 USC 2705 to establish procedures for a governmental entity to obtain a court order directing a provider of electronic communications service or remote computing service not to notify any other person of a warrant, order, or subpoena under section 2703 (i.e., for accessing stored communications or customer records). (As background, such nondisclosure orders, or "gag orders," prevent providers from tipping off targets of law enforcement data requests to avoid adverse results such as endangering lives, evidence destruction, or jeopardizing investigations.) The order may last up to 1 year for offenses involving child pornography (as defined in 18 USC 2256), sexual exploitation of children (under 18 USC 2251), or substantially equivalent Federal, State, Tribal, or military offenses; or up to 90 days for all other investigations. A court may grant or extend such an order (with extensions of up to 90 days each) only upon a written determination, based on specific and articulable facts, that denial would likely result in an adverse outcome (i.e., endangering life or safety, flight from prosecution, evidence tampering, witness intimidation, or seriously jeopardizing an investigation or delaying a trial), that the order is narrowly tailored with no less restrictive alternative, and after reviewing the underlying section 2703 process; courts may presume adverse results and issue orders without full written findings for qualifying child offenses upon reasonable belief. Applications must disclose, to the applicant's knowledge, whether the named customer or subscriber is aware of the process or suspected in the crime under investigation, and orders may not require providers to notify courts or the government of expiration. Governmental entities must notify courts of materially changed circumstances within 14 days, prompting reassessment; providers may seek to modify or vacate orders if they fail requirements or compliance is unreasonable, with disclosure obligations stayed pending resolution (unless lifted by the court) and court decisions appealable as final orders. Providers may disclose order existence to certain persons notwithstanding the nondisclosure requirement.