140 CONGRESS S. arcu the provision of data na atligile format to a gvernnnent [tant to gone onder, aa fa ler town IN THE SI ATE OF THE UNITED STATES: Introd the flowy il whieh ak ead we and Fecrra ts the Cami a A BILL ‘To require the provision of data in an intelligible format to a goxernment pursuant to a court onler, and for ‘other purposes. 1 Be it enueted by the Senate and Howse of Representa- tives ofthe United States of Amerien in Congress assembled, SECTION 1. SHORT TITLE. ‘This Act may be cited as the “Compliance with Court Orders Act of 2016", ‘SEC. 2, SENSE OF CONGRESS, It is the sense of Congress that— (1) no person or entity is above the lawsace Discussion Draft su (2) economic growth, prosperity, security, sta and liberty equine adherence to the rile of (8) the Constitution and laws of the United States provide for the safety, seeutty, and cis be erties of all United States persons antl the protec: tions and obligations of these lass apply to all per sons within United States jurisdiction; (4) all providers of communications serviees and prodnets (inching software) should protect the p vacy of United States persons through implementa tion of appropriate data security and still respect the vale of lave and comply with all legal reqpinements and court anders (5) to uphold both the rule of law and protect the interests and seewrity of the United States, all persons receiving an authorized judicial order for in- formation or data must provide, in a timely maumer, responsive, intelligible informa ion ov data, oF appro printe technical assistance to obtain seh informa tion or data; and (6) covexed entities must prosie responsive, ine telligible information or data, or appropriate tech- nigal assistance to a government pursuant to a eourtactin Discussion Draft she 1 SEC. 8, REQUIREMENT FOR PROVIDING DATA IN AN INTEL- 2 LIGIBLE FORMAT UPON RECEIPT OF A 3 ‘COURT ORDER. 4 (a) Reqrmeet— 3 (2) IN GeNeRaL.—Notwithstanding any other 6 provision of law and exeept as provided in paragraph 7 2), # covered entity that reveives a court over from 8 a government for information or data shall— 9 (A) provide such information or data to 10 such government in an intelligible format; or " (B) provide sueh technical assistance ay is 12 noeessary to obtain such information or data in 13 sn intelligible format or to achieve the mmrpose 14 of the court order 15 (2) Score oF REQUIREMENT—A covered enti 16 ty that receives a court order referred to in pary 17 graph (1)(A) shall be responsible only for providing 18 data in an intelligible format if such data has been 19 made unintelligible by a feature, product, or service 20 owned, controlled, created, or provided, by the eov- 21 ered entity or by a thinl party on behalf of the eov- 22 ered entity 23 (3) COMPENSATION FOR TRCTINICAL assist 24 ANCE. —A covered entity that receives a court order 25 from a government as deseribed in paragraph (1) 26 and furnishes technical assistanee wmnder subpara:2 B 14 1s 16 n 18 19 20 au 2 23 4 25 she graph (B) of such paragraph pursuant to sueh onder shall he compensated for such costs as are ably necessary and which have been diretl incurred in providing such technical assistance o such data in an intelligible format (b) Dest Lurntioxs Nothing in this et may De construed to authorize any govermment officer to re- «quire o prohibit any speeitie design or operating system to be adopted by any covered entity (©) Licexse Distiamerors.—A provider of remote computing yerviee or cleetronie comimmniation service to the public that distributes lieenses for produets, services applications, or software of oF bye « covered entity: shall eonsnre that any such products, services, applications, or softvure distributed by such person be capable of eom- plying with subscetion (a). SEC. 4, DEFINITIONS, In this Aet @Q) Couns {CATION IDENTIFVING INFORMA- ‘MON —The term “communication identifying: infor- mation” means dialing, rowting, addressing, sig naling, switehing, processing, transmitting, or other information that— (A) does not constitute the contents of a communication;10 u 2 3 14 15 16 7 18 19 20 21 2 2B 24 Discussion Draft st (B) identifies or assists in the identific tion of the origin, dirvetion, destination, date, time, duration, termination, or status of exch communication ge erated, received, or eon trolled by a ser; and (C) inetudes the following information ot the equivalent fnetion there (i) Pablie and local souree and dese ination addressing, inehuding— (0) the focal network: and publie Internet Protocal addresses oF any similar or snecesor protocol and (1D) adessing information that be dynamically or privately as signed, including port ammbers or any secesvor aldvessing method. (i) Adttresses_or other information that uniquely identifies the equipment, fa- city, or service used to access a provider ‘or network by ea party to the commu- nication, (iii) Service addresses and identifiers generated or received by each party to the commmnication,u 13 14 15 16 7 18 19 20 21 2 2 24 25 Discussion Draft suc 6 (iv) Information identifying quantity or quality of the communication, ineding packet size, quality of serviee information or other information from whieh the size or priority of he communication ean be ascertained. (v) Specification of the time zone as aan offset from Coordinated Uni wre) sal Time 2) Coyprestcations—The term “communica. tions” has the same meaning as the terms “wire communication”, “oral commmutieation”, and “elec- tronic communication” in svetion 2510 of title 18, United States Code, © tem * (3) Cover onpER— our onler” means any order or warrant issued by a court of competent jurisdiction, (4) CoveRED ENTITY. —The term “covered en tity” means a deview manufacturer, a software man- ‘ufteturer, an electronic communication serviee, a re= mote computing servive, a provider of wine or elec- tronic communication serviee, a provider of a remote computing service, or amy person who prosides: a product or method (0 fiilitate 2 communication or the processing or storage of data,Discussion Draft she (3) Data —The term “data” inelndes— (A) communications and any information concerning the identity of the parties to sueh communications or the existence, substance, purport, or meaning of such communications (B) information stored remotely or on a deview provided, designed, ligensed, or mantic tured by a covered entity; (C) communication identifying information; and (D) information identifying a specifie 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) Fea The term “feature’ TURE, means a property or fanetion of a device or software applien- tion, (8) Gowsexwet—The term “government” aeans the Government of the United States and the government of the Distriet of Columbia, or any come monsvealth, tervitory, or possession of the United States, of an Indian tribe, or of any State oF polit ical subdivision thereof.Discussion Draft she 8 (9) INDIAN THEBE—The term “Indian tribe” hhas the meaning given such term in section 4 of the Indian Self-Determination and Edueation Assistance Act (25 USC, 4500). (20) INTELLIGHLR—The term “intelligible”, with respect to information or data, me (A) the information or data has never been energpted, eneiphered, encoded, modulated, or bvseated oF (B) the information or data has been enerypted, eneiphered, encoded, modulated, or ob seated and then deerypted, deciphered, de- coded, demodulated, or deobfieated to its original form, (11) Renore coupcrise SERVICE —The term, “remote computing serviee” has the meaning given such term in section 2711 of title 18, United States Code. (2) Tremtcal assistaxce.—The term “technical assistance”, with respect to a covered ene tity that receives a court order pursuant to a provie sion of law for information or data described in see- tion 3(a)(1), inetudes— (A) isolating sueh information or datasacters 10 ul Discussion Draft she 9 (B) vendeving such information or data in a intelligible format if the information or data has been mado unintelligible by a feature, prod net, oF service owned, controlled, create, oF provided by the covered entity: or by a third party on behalf of the covered entity and (C) deliver such information or data— (@) concurrently with its transmissions Gi) expeditiously, if stored bya cor cred entity or on a devie.