119-HR2787

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 2787

1. Short title
2. Warrant requirement for electronic communication service and remote computing service records

1. Short title

This Act may be cited as the "Warrant for Metadata Act".

2. Warrant requirement for electronic communication service and remote computing service records

(a) Warrant requirement - Section 2703 of title 18, United States Code, is amended—

(1) - in subsection (a)—

(A) - by striking "for one hundred and eighty days or less,"; and

(B) - by striking "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.";

(2) - in subsection (c)—

(A) - in paragraph (1), by striking "other information" and all that follows, and inserting "other information, including the metadata (as that term is defined in section 3502 of title 44) of such 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 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) - by striking paragraph (2); and

(C) - by redesignating paragraph (3) as paragraph (2); and

(3) - in subsection (d) by striking "or (c)".

(b) Retroactive effect -

(1) In general - The amendment made by subsection (a) shall have no effect on any disclosure required by a governmental entity pursuant to section 2703(c) of title 18, United States Code, before the date of enactment of this Act.

(2) Subsequent disclosure; expanded disclosure - With respect to a disclosure required by a governmental entity pursuant to section 2703(c) of title 18, United States Code, before the date of enactment of this Act, any request for a subsequent disclosure related to such disclosure or an expansion of such disclosure made after the date of enactment of this Act shall be treated as a new disclosure under such section (as amended by this Act).