Bill > S512

This bill, titled the Law Enforcement Access to Data Stored Abroad Act, aims to clarify and modify how law enforcement agencies can access electronic communications data stored by service providers, particularly when that data is located outside the United States. Essentially, it states that a government entity can only compel a provider of electronic communication services (like email or messaging services) or remote computing services (like cloud storage) to disclose the content of stored communications if they have a warrant issued by a court. Crucially, this warrant can be used to obtain data regardless of where it's stored, as long as the account holder is a "U.S. person" (meaning a U.S. citizen, permanent resident, or an entity organized under U.S. law). However, the bill also includes a safeguard: if complying with a warrant would force a service provider to break the laws of a foreign country, a court must modify or cancel that warrant upon the provider's request. Furthermore, the bill mandates that law enforcement agencies must notify customers or subscribers when their data has been accessed under such a warrant, with some exceptions for ongoing investigations. In addition to these access provisions, the bill directs the Attorney General to create a standardized form for foreign governments making requests for data through Mutual Legal Assistance Treaties (MLATs), establish an online system to track these MLAT requests, and annually publish statistics on MLAT requests made by and to the Department of Justice (DOJ) to improve transparency and efficiency in international data sharing for law enforcement purposes. Finally, Congress expresses its view that foreign governments requiring data to be stored within their borders is detrimental to the internet and innovation, and that the DOJ, Department of State, and U.S. Trade Representative should advocate for policies that allow for the free flow of data across borders.