63 .02 Discussion Draft SLR. 1 HTH 2D S. To remiire the of data in an intelligible format to a government pursuant to a court order, and for other purposes. IN THE SENATE OF THE UNITED STATES the ?illowing bill; which was read twice and referral to the Committee 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 671(10de by the Senate cuch ouse of Representa? 2 tires of the (Jetted States in C'ongress' assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ?Connilianee with Court- 5 Orders Art of 2016?. 6 SEC. 2. SENSE OF CONGRESS. 7 It is the sense of that?? 8 (1) no person or entity is above the law; 3AG16392 Discussion Draft 2 (2) economic. growth, security, sta? bility, and liberty require adherence to the rule of law; (3) the Constitution and laws of the United States provide for the safety, security, and civil ill)- erties of all United States persons and the meter? tions and obligations of these laws a?pi?ily to all per? sons Within United States jurisdiction; (4) all providers of communications services and products (including softnare) should iriroteet the pri- *aey of United States persons through iinplennuita? tion of a})pmpriate data security and still respect the rule of law and comply with all legal requirements and court orders; (5) to uphold both the rule of law and protect the interests and security of the United States, all persons receiving an authorized judicial order for in- formation or data. must imwicle, in a timely 111211111011", responsive, intelligible information or data, or appro? priate technical assistanee to obtain such informa? tion or data; and (6) covered entities must- piovide responsive, in? telligible ii'it'orination or data, or teeh? nieal assistance to a government 1:)ursuant to a court order. (53 9 2 1 SEC. Discussion Draft 3 3. REQUIREMENT FOR PROVIDING DATA IN AN INTEL- LIGIBLE FORMAT UPON RECEIPT OF A COURT ORDER. (1.) IN any other provision of law and except as provided in paragmph (2), a covered entity that receives a court order from a government for information or data shalt?? (A) proxide such information or data to such government in an intelligible format; or (B) provii?le such technical assistance is necessary to obtain such information or data in an intelligible format or to achieve the purpose of the court order. (2) Score or covered enti? ty that receives a court order referred to in para? grai'?i (INA) shall be responsible only for providing data in an intelligible format if such data has been made unintelligible by a feature, product, or service owned, controlled, created, or by the cov- ered entity or by a third 1")arty on behalf of the cov- ered entity. (3) C(?mrENsATiox FOR TECHNICAL ANCE. A covered entity that receiv?s a court order from a government as described in paragraph (I) and furnishes technical assistance under subpara? (53Discussion Draft graph (B) of such. paragraph pursuant to such order shall be compmsated for such costs as are reason- ably necessary and Which have been directly incurred in providing such technical assistanice or such data in an intelligible format. DESIGN in this Act may be cmistrued to authorize any officer to re? quire or prohibit any specific design or operating system to be adopted by any covered entity. LICESSE A provider of computing service or electr01'1ic service to the public that distributes licenses for products, services, applications, or software of or bf 21 covered entity shall ensure that any such products, services, annilicutions, or software (?listributed by such person be capable of coin- 1')lying with subsection (21). SEC. 4. DEFINITIONS. In this Act: (1) term idei'ititfying' infor- IDENTIFYING INFORMA- ination? means dialing", routing, addressing, sig? naling, suitching, processing, transmitting?, or other information that:? (A) does not the contents of a ati on; BA (H 63 9?3 Discussion Draft 5 (B) identifies or assists in the identifica? tion of the origin, direction, destination, date, time, duration, termination, or status of each communication generated, received, or con? trolled by a user; and (C) includes the follmving? information or the equivalent function thereof: Public and source and des- tination mldressing, including? (1) the local network and public Internet Protocol addresses or any similar or successor protocol; and (H) addressing- information that may be (honiniicially or as? signed, including port numbers or any successor addressing" method. (ii) Addresses or other information that ui'iiquely identifies the equiynnent, fa? cility, or sacri?ce used to access a or network by each party to the coninni- nication. Service addresses and identifiers generated or received by each party to the 6 23 9 2 Discussion Draft 6 (iv) Ii?iformation identifying (mantity or quality of the inehuhng? packet size, quality of service information, or other information from which the size or priority of the eommnnieation ean be, ascertained. (V) Specification of the time zone as an offset. from ([?oordinated Ifniversai Time (UPC) . (2) The term tions? has the same meaning as the tern?is ?sire ?oral eonnmmieation", and ?elec? tronie eommunieation" in section 2510 of title. 18, United States Code. (3) COFRT term ?court order? meai'is any order or warrai?it by a eourt of competent jurisdiction. (4) term ?covered en? tity? means a device mamifaeturer, a software man- ufacturer, an electronic eommunieation service, a re- mote computing service, a in'ovider of wire or elee? tronie eommni?iieation service, a 1')rovider of a ren'iote computing service, or any person. who provides a product or method to faeihtate a eonn'imi?iieation or the proeessing or storage of data. BA i 6 3 9 2 Discussion Draft 7 SLC. (5) term ?data? nichides (A) and any information concerning the. identity of the parties to such commnnications or the existence, substance, inirport, or meaning of such (B) information stored remotely or on a device provided, designed, licensed, or manufac? tured by a, covered entity; (C) identi?ing information; and (D) information identifying; a specific de? vice. (6) ELECTRONIC seamen. 7 The term ?electionic communication service? has the meaning given such term in section 2510 of title. 18, United States Code. (7) term ?feature? means a inoperty or ?inction of a device or software applica- tion. (8) means the Government of the United States and the GOVE RNME NT term Q"overnmeant? goverinnent of the District of Coinmlfiia, or a 113* com- monwealth, territory, or possession of the United States, of an Indian tribe, or of any State or polit? ical subdivision thereof. AG 1 6 3 9 2 Discussion Draft 8 8.14.0. (9) INDIAN TRIBE. The term ?Indian tribe? has the meaning given such term in section 4 of the Indian Self-Deterinination and Education Assistance Act (25 450m. (10) INTELLIGIBLE. The term ?intelligible?, with respect to informatn'm 01? data, means?? (A) the information 01' data has never been enciplicred, encoded, modulated, 01' obfuscated; or (B) the information or data. has been encim'Jted, enciphei-ed, encoded, modulated, or obfuscated and then dwiphered, de? coded, demodulated, or to its original form. (11) REMOTE SERVKTE. The term ?remote conniuting? sendce? has the meaning given such term in section 2711 of title 18, United States Code. (12) Tl?EenNIo-m ASSISTANCE. The term ?technical assistance?, .with respect to a C(Ewered en? tity that receives a, court order pursuant to a provi? sion of law for information 01? data described in sec- tion 3 1) includes (A) isolating such information or data; (Si-3 92 pun-4H Fa Discussion Draft 9 (B) rendering such information or data in an intelligil?e format if the in?n'ination or data has been made unintelligible by a feature, prod- net, or sewiee owned, controlled, created, or provided by the covered entity or by a third party on behalf of the, covered entity; and (C) delivering such information or datnm with its transmission; or (ii) expeditiously, if stored by a cov- ered entity or on a (:leviee.