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actoae2 Discussion Draft ste NONE IN THE SEN. TE OF THE UNITED STATES - intro the Fallen il sie as od ee “a velar to the Comite A BILL ‘To require the provision of data in an intelligible format to a government purmant to a court onder, and for other poposes, 1 Beil enacted by the Senate and Howse af Representa- 2 Fives ofthe United States of America in Congress assembled, 3. SECTION 1. SHORT TITLE, 4 This Act may be cited as the “Compliance with Court 5 Oniers Act of 2016" 6 SBC. 2, SENSE OF CONGRESS. 7 kis the sense of Congress that— 8 (1) no person or entity is above the law Discussion Draft sie (2) economic growth, prosperity, ~ and liberty require adherence to the rule of (3) the Constitution and laws of the United States provide for the safety, security, and evi ibe cxtis of all United States persons and the protec: tious and obligations of these laws apply to all per sons within United States jn ction; (4) all providers of communications services ant prothets(inchuding software) should protect the pei racy of United States persons thongh implementa tion of appropriate data security and still respect the rule of law and comply’ with all legal requirements ancl court orn (5) to uphold both the rule of law and protect the interests and seewity of the United States, all persons reveiving an authorized judicial order for ine formation or data must provide, in a timely manner, inteligible information oF data, oF appro= prime technical assistance to obtain sueh informa tiom or data; ana (6) covered entities must provide responsive i= teligible information or data, or appropriate tel niieal assistance to a governs it purstant to a court order, Discussion Draft st 3 | SEC. $. REQUIREMENT FOR PROVIDING DATA IN AN INFEL- LIGIBLE FORMAT UPON RECEIPT OF A coURT ORDER. (a) ReqemremENT— ays tat. Notwithstanding. anyother provision of aw and except as prosided ia parsgraph (2), «covered entity that reeves a court ont from 2 goverment for information or duta shall— (A) provide such information oF data to such goverment in an intelligible format; o (B) provide such technical assistance as is necessary to obtain such information or data in an intelligible format oF to achieve the pupose of the court onler 2) Scope OF REQUTEEMENT.—A covered enti e chat re res court onder referred to in para seaph (1)(A) shall be responsible only for providing lata in an intelligible format if such data has been snate rnintellgile by a feature, product, oF service ovwned, controlled, ereated, or provided, by the eo rel entity or by a third party on behalf of the cov crol entity (3) Com SATION FOR TECHNICAL ASSIST ANCE.—A covered entity that receives a court onder from a government as deseribed in paragraph (1) and furnishes teclieal assistance under subpara ssactsies Discussion Draft stu a 2 3 4 3 6 1 8 9 0 u 2 1B 4 15 16 "7 18 19 4 graph (B) of such paragraph pursuant to such order shall be compensated for sich costs as ane reason- ably necessary’ and whieh have been dive ineurret in providing such tecinieal assistance or suck data in an intelligible format (b) Destex Lnurravions—Nothing in this Aet may be constsued to authorize any government officer to r= quire ov prohibit any specific design or operating system to be adapted by any covered entity (¢) Licexse: Distemrtors— provider of remote compuativs: serviee or electronic communication service to the public that distributes licenses for produets, services, applications, oF software of or hy a covered entity shall censure that any such produets, ces, applications, ot software distributed hy such person be capable of eom- plying with subsection (x) SEC. 4, DEFINITIONS, In this et (1) Commesteattoy eNTIEVING INFORMA: ‘tos. ‘The term “communivation identifying infor- maton” menns dialing, routing, addressing, sig+ naling, switching, processing, transmitting, or other information that— (A) does not constitute the contents of a acres Discussion Draft se 1 (B) identifies or assists in the identitiea- 2 tion of the origin, direction, destination, date, 5 time, dhration, termination, or status of each 4 communication generated, received, or eo g trolled by a user and 6 (C) includes the following information or 7 the equivalent fimetion thereof 8 (i) Public and local sonree and des- 9 tination addressing, including — 10 (1) the local network and public n Internet Protocol addresses or any 2 similar or successor protocol; and 13 (1) addressing information that 14 may be dynamically or privately as- Is signed, including port numbers or any 16 sccessor addressing method ” Gi) Addresses or other information 18 tHhat uniquely identifies the equipment, fae 19 cility, or service used to access a provider 20 for networks by each party to the commn- 21 nieation 2 (iii) Serviee addresses and identifiers 2 generated or received by rach party to the 24 communication. Discussion Draft suc 6 (is) Information identifying. quantity or quality of the commnnication, inching packet size, quality of service information, or other information from whieh the size or ascertained, (©) Specification of the time zone as an offset from Coordinated! Universal Time wre (2) Comestextioss The term “comnnaniea- tious” has the same meaning as the terms “vine communication”, “oral communication”, and “elec trouie communieation” in section 2510 of title 18, United States Code (8) Cover onDER—The term “court ores ems any onler or srurrant issued by a emurt of conpetent jurisdiction (4) Coveren ENTITY —The term “covered en tity? means a deviee manufneturer, a software man- Uufaeturer, an electronic communication service, a ne mote computing service, « provider off wise or elec trotie commmivation service, a provider of a remote vompating. ser ce, ar any person who provides: a product or method to facilitate a communication or the processing or storage of data, Discussion Draft sue. a (3) Data —The term data” inehades— (A) communications and any information concerning the identity of the parties to such communications or the existence, substance, purport, or meaning of such communications; (B) information stored remotely or on a devive provided, designed, lieensed, or manufac tured by covered entity; (C) communication identifying informations and (D) information identifying a specific de- (6) ELECTRONIC COMMUNICATION SERVICE. — ‘The term “electronic communication service” has the meaning given such term in seetion 2510 of title 18, United States Code. (7) Pearcre—The term “feature” means a property or finetion of a device or software applica tion (8) GoveRsy T—The term “government” mecns the Government of the United States and the sowomment of the District of Cokamia, or any’ com mouwealth, territory, oF possession of the United States, of an Tudian ibe, or of any State oF pol ial subdivision thereot aurea Discussion Draft she 8 (9) INDIAN TRIBE.—The term “Indian tribe” has the meaning given such term in section 4 of the Indian Sel-Determination and Education Assistance USC, 450). 10) 1 hw term “intelligible’ ELLIGIBL ‘sith respect to information or data, means— (A) the information oF data has never been encrypted, enciphered, encoded, modulated, or obfuscated; or (B) the information or data has hoon enerypted, eniphered, encoded, modulated, of obfuscated andl then deerspted, deciphered, dex coiled, demodulated, or deobfaseated to. its oviginal form, (21) Restore com eRVICE.—The term . as “remote computing service” has the meaning given such term in section 2711 of title 18, United States Co‘. (2) TecuNteal, asstsraxce—The term “teehnieal assistance", with respeet to a covered en fity that roovivos « court under pursuant to a provi siot of law for information oF data deseribed in see- ow 3(a)(1), inches — (A) isolating such information or data; 10 Diseussion Draft she ° (B) rendering suel information or data in an intelligible format if the information or data has bo 1 maile unintelligible by a feature, pro niet, or serviee ownes controlled, ereated, or provided by the covered entity or by a third party on behalf of the covered entity; and (C) delivering such information or data— (G) concurrently with its transmission; Gi) espeditionsls, if stored by a cor ered entity or on a device.