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Amends the federal statute on compelled access to electronic communications and remote computing service records to change the legal standard for government requests. The amendment revises the text of three subsections of 18 U.S.C. §2703, signals a warrant-focused requirement for those records, and says previously-made disclosures remain valid but any later attempt to expand or re-request those past disclosures must meet the new standard as a new disclosure.
Amends section 2703 of title 18, United States Code, by changing subsection (a): makes specified textual deletions (striking "; and" and striking ";").
Amends section 2703 of title 18, United States Code, by changing subsection (c): (A) in paragraph (1) strikes the words "other information" and all that follows and inserts specified text; (B) strikes paragraph (2); (C) redesignates paragraph (3) as paragraph (2).
Amends section 2703 of title 18, United States Code, by changing subsection (d): performs a specified textual deletion (described in the bill as "by striking .").
States that the amendment made by subsection (a) shall have no effect on any disclosure required by a governmental entity pursuant to section 2703(c) of title 18, United States Code, before the date of enactment of this Act.
Provides that for a disclosure required under section 2703(c) before enactment, any request made after enactment for a subsequent disclosure related to that prior disclosure, or for an expansion of that disclosure, shall be treated as a new disclosure under section 2703 as amended by this Act.
Who is affected and how:
Electronic communication and remote computing service providers: Directly affected. They must follow the new statutory standard in responding to future government demands for customer content and records. Providers will likely need to change internal compliance workflows, legal review practices, preservation/notice procedures, and record-keeping to reflect any warrant-focused requirement.
Government entities and law enforcement: Directly affected. Prosecutors, investigators, and agency counsel will need to obtain and justify whatever authorizing process the amended subsection(s) require (the section title indicates a warrant-focused standard) for new or renewed requests. Existing investigations that rely on later expansions of previously obtained disclosures may need to seek new court process.
Courts and judges: Moderately affected. Judges will be asked to interpret the revised statutory language when adjudicating motions, issuing warrants or orders, and resolving disputes over whether a later request qualifies as a "new" disclosure.
Service subscribers, account holders, and the public: Affected. The amendment is likely to strengthen procedural protections for stored communications and related records by raising the legal threshold for new requests; however, records already disclosed before enactment remain accessible to the government under the prior process.
Legal counsel and compliance teams (private and public sector): Affected. They will need to update guidance, training, and legal filings to account for the amended statute and the transitional rule treating expanded/re-requested disclosures as new requests.
Overall effects:
Referred to the House Committee on the Judiciary.
Introduced April 9, 2025 by Ted Lieu · Last progress April 9, 2025
Expand sections to see detailed analysis
Referred to the House Committee on the Judiciary.
Introduced in House