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Actually it would be a bit more accurate to say the bill completely eliminates any 180 day distinction. Current law: "A governmental entity may require the dis
by nkw 10y ago
Actually it would be a bit more accurate to say the bill completely eliminates any 180 day distinction.
Current law:
"A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to 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) by a court of competent jurisdiction. 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."
18 U.S. Code § 2703(a) - https://www.law.cornell.edu/uscode/text/18/2703 https://www.law.cornell.edu/uscode/text/18/2703
Bill replaces with:
"Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by that service only if 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) that—
(1) is issued by a court of competent jurisdiction; and
(2) may indicate the date by which the provider must make the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by which the provider must make disclosure to the governmental entity, the provider shall promptly respond to the warrant."
H.R.699 — 114th Congress (2015-2016) - https://www.congress.gov/bill/114th-congress/house-bill/699/text https://www.congress.gov/bill/114th-congress/house-bill/699/...