Bill > S2871

This bill, titled "The Law Enforcement Access to Data Stored Abroad Act," aims to clarify and update how U.S. law enforcement can access electronic communications data stored by service providers, particularly when that data is located outside the United States. It acknowledges that existing laws, like the Electronic Communications Privacy Act (ECPA), were designed to protect privacy while balancing law enforcement needs, but that U.S. courts historically lack the power to issue warrants for searches and seizures outside U.S. territory. The bill proposes to authorize the use of search warrants for the content of electronic communications belonging to a "United States person" (defined as a U.S. citizen, permanent resident alien, or an entity organized under U.S. law) even if that content is stored abroad, provided the warrant is issued by a court of competent jurisdiction and follows federal or state warrant procedures. It also includes provisions for modifying or vacating such warrants if they would force a provider to violate foreign law, and clarifies that this act does not limit the use of administrative or grand jury subpoenas for certain types of disclosures. Additionally, the bill mandates reforms to the Mutual Legal Assistance Treaty (MLAT) process, requiring the Attorney General to establish standardized forms for foreign MLAT requests, an online tracking system for these requests, and to publish annual statistics on MLAT request processing times by both the U.S. and foreign governments, while also requiring notification to the provider when an MLAT request is used to obtain data. Finally, it expresses a sense of Congress that foreign data localization requirements are detrimental and that the U.S. should pursue open data flow policies with other nations.