March 5, 2026
Mr. Biggs of Arizona (for himself, Mr. Crane, and Mr. Clyde) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Permanent Select Committee on Intelligence, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend the Foreign Intelligence Surveillance Act of 1978 to implement reforms, to amend title 18, United States Code, to prevent law enforcement and intelligence agencies from obtaining certain commercially available information, and for other purposes.
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the Protect Liberty and End Warrantless Surveillance Act of 2026
.
(b) Table of contents
The table of contents for this Act is as follows:
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978
(a) References to Foreign Intelligence Surveillance Act of 1978
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(b) Effect of Certain Amendments on Conforming Changes to Tables of Contents
When an amendment made by this Act adds a section or larger organizational unit to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), repeals or transfers a section or larger organizational unit in such Act, or amends the designation or heading of a section or larger organizational unit in such Act, that amendment also shall have the effect of amending the table of contents in such Act to alter the table to conform to the changes made by the amendment.
Title I FISA Reform
Sec. 101. Prohibition on warrantless queries for the communications of United States persons
(a) Prohibition on warrantless queries
(1) Prohibition
Section 702(f) (50 U.S.C. 1881a(f)) is amended by inserting after paragraph (1) the following new paragraph (2):
(2) Prohibition on warrantless queries for the communications and other information of United States persons
(A) In general
Except as provided in subparagraphs (B) and (C), no officer or employee of the United States may conduct a covered query of information acquired under this section in an effort to find the contents of communications or information of or about 1 or more United States persons.
(B) Exceptions for concurrent authorization, consent, emergency situations, and certain defensive cybersecurity queries
(i) In general
Subparagraph (A) shall not apply to a query related to a United States person if—
(I)
such person is the subject of an order or emergency authorization authorizing electronic surveillance under section 105 or a physical search under section 304, or a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction authorizing the conduct of the query;
(II)
the officer or employee carrying out the query has a reasonable belief that—
(aa)
an emergency exists involving an imminent threat of death or serious bodily harm; and
(bb)
in order to prevent or mitigate this threat, the query must be conducted before authorization pursuant to subclause (I) can, with due diligence, be obtained;
(III)
such person or, if such person is incapable of providing consent, a third party legally authorized to consent on behalf of such person, has provided consent to the query on a case-by-case basis; or
(IV)
(aa)
the query uses a known cybersecurity threat signature as a query term;
(bb)
the query is conducted, and the results of the query are used, for the sole purpose of identifying targeted recipients of malicious software and preventing or mitigating harm from such malicious software; and
(cc)
no additional contents of communications retrieved as a result of the query are accessed or reviewed.
(ii) Limitations
(I) Use in subsequent proceedings and investigations
No information retrieved pursuant to a query authorized by clause (i)(II) or information derived from such query may be used, received in evidence, or otherwise disseminated in any investigation, trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, except in proceedings or investigations that arise from the threat that prompted the query.
(II) Assessment of compliance
Not less frequently than annually, the Attorney General shall submit to the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives an assessment of the compliance with the requirements under subclause (I).
(iii) Reporting of use of certain exceptions
(I) FISC
The Foreign Intelligence Surveillance Court shall be provided a description of each query that is conducted pursuant to an exception described in subclause (II) or (IV) of clause (i) by not later than 90 days after the date on which the query is conducted.
(II) Congress
The congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and of the Senate shall be provided a description of each query that is conducted pursuant to an exception described in subclause (II) of clause (i) by not later than 90 days after the date on which the query is conducted.
(C) Matters relating to emergency queries
(i) Treatment of denials
In the event that a query for the contents of communications or information of or about 1 or more United States persons is conducted pursuant to an emergency authorization described in subparagraph (B)(i)(I) and the application for such emergency authorization is denied, or in any other case in which the query has been conducted and no order is issued approving the query—
(I)
no information obtained or evidence derived from such query may be used, received in evidence, or otherwise disseminated in any investigation, trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof; and
(II)
no information concerning any United States person acquired from such query may subsequently be used or disclosed in any other manner without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
(ii) Assessment of compliance
Not less frequently than annually, the Attorney General shall submit to the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives an assessment of the compliance with the requirements under subclause (I).
(2) Definitions
Section 702(f) (50 U.S.C. 1881a(f)) is amended by striking paragraph (5)(B) and inserting the following:
(B)
The term query—
(i)
means the use of any technique, whether manual or automated, to detect or retrieve information obtained through acquisitions authorized under subsection (a) from within a system, collection, or assortment of information, or a subset thereof; and
(ii)
does not include the manual observation of retrieved information.
(C)
(i)
The term covered query means a query that—
(I)
is conducted using 1 or more terms associated with 1 or more covered persons, including personally identifiable information;
(II)
is conducted in whole or in part for the purpose of detecting or retrieving information of, or concerning, 1 or more covered persons; or
(III)
is conducted with specific reason to believe the query will detect or retrieve information of, or concerning, 1 or more covered persons.
(ii)
Whether a query is a covered query shall be determined without regard to whether the information subject to the query has already been detected or retrieved using a method other than a query described in clause (i).
(D)
The term covered person means a United States person.
(3) Conforming amendments
Section 702(f) (50 U.S.C. 1881a(f)) is further amended as follows:
(A)
In paragraph (3), by striking subparagraph (A).
(B)
By redesignating the second paragraph (2) (relating to Prohibition on conduct of queries that are solely designed to find and extract evidence of a crime) as subparagraph (A) (and redesignating the subordinate provisions accordingly) and transferring such subparagraph so as to appear in paragraph (3) before subparagraph (B) of such paragraph.
(C)
In paragraph (3)(B)(ii), as so redesignated, by striking under subparagraph (A)
and inserting under clause (i)
.
(b) Metadata; datasets
Section 702(f) (50 U.S.C. 1881a(f)) is further amended—
(1)
by redesignating paragraph (5) as paragraph (8) and moving such paragraph so as to appear at the end;
(2)
by redesignating paragraph (6) as paragraph (5); and
(3)
by inserting before paragraph (8), as so redesignated, the following new paragraphs:
(6) Prohibition on results of metadata query as a basis for access to communications and other protected information
If a query of information acquired under this section is conducted in an effort to find communications metadata of 1 or more United States persons the results of the query shall not be used as a basis for reviewing communications or information a query for which is otherwise prohibited under this section.
(7) Federated datasets
The prohibitions and requirements in this section shall apply to queries of federated and mixed datasets that include information acquired under this section, unless a mechanism exists to limit the query to information not acquired under this section.
Sec. 102. Sunset of changes to definition of electronic communication service provider
Effective on December 31, 2026, the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—
(1)
in section 701(b)(4) (50 U.S.C. 1881(b)(4))—
(A)
in subparagraph (D), by adding or
at the end;
(B)
by striking subparagraph (E);
(C)
by redesignating subparagraph (F) as subparagraph (E); and
(D)
in subparagraph (E), as so redesignated—
(i)
by striking custodian,
; and
(ii)
by striking (D), or (E)
and inserting or (D)
; and
(2)
in section 801(6) (50 U.S.C. 1885(6))—
(A)
by striking subparagraph (E);
(B)
by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively;
(C)
in subparagraph (E), as so redesignated, by adding or
at the end; and
(D)
in subparagraph (F), as so redesignated—
(i)
by striking custodian,
; and
(ii)
by striking (E), or (F)
and inserting or (E)
.
Sec. 103. Limitation on directives under Foreign Intelligence Surveillance Act of 1978 relating to certain electronic communication service providers
(a) In general
Section 702(i) (50 U.S.C. 1881a(i)) is amended by adding at the end the following:
(7) Limitation relating to certain electronic communication service providers
(A) Definitions
In this paragraph:
(i) Appropriate committees of Congress
The term appropriate committees of Congress means—
(I)
the congressional intelligence committees;
(II)
the Committee on the Judiciary of the Senate; and
(III)
the Committee on the Judiciary of the House of Representatives.
(ii) Covered electronic communication service provider
(I) In general
Subject to subclause (II), the term covered electronic communication service provider means—
(aa)
a service provider described in section 701(b)(4)(E);
(bb)
a custodian of an entity as defined in section 701(b)(4)(F); or
(cc)
an officer, employee, or agent of a service provider described in section 701(b)(4)(E).
(II) Exclusion
The term covered electronic communication service provider does not include—
(aa)
an electronic communication service provider described in subparagraph (A), (B), (C), or (D) of section 701(b)(4); or
(bb)
an officer, employee, or agent of an electronic communication service provider described in subparagraph (A), (B), (C), or (D) of section 701(b)(4),
to the extent that the electronic communication service provider is providing the United States Government with information, facilities, or assistance pursuant to such subparagraphs.
(iii) Covered opinions
The term covered opinions means the opinions of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review authorized for public release on August 23, 2023 (Opinion and Order, In re Petition to Set Aside or Modify Directive Issued to [REDACTED], No. [REDACTED], (FISA Ct. [REDACTED] 2022), (Contreras J.); Opinion, In re Petition to Set Aside or Modify Directive Issued to [REDACTED], No. [REDACTED], (FISA Ct. Rev. [REDACTED] 2023), (Sentelle, J.; Higginson, J.; Miller J.)).
(B) Limitation
A directive may not be issued under paragraph (1) to a covered electronic communication service provider unless the covered electronic communication service provider is a provider of the type of service at issue in the covered opinions.
(C) Declassification review required
(i) In general
Not later than 180 days after the date of enactment of this paragraph, the Director of National Intelligence, in consultation with the Attorney General, shall complete a declassification review in accordance with section 3 of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or any successor order (in this subparagraph referred to as
Executive Order 13526) and, consistent with that review, make publicly available to the greatest extent practicable the type of service provider and services at issue in the covered opinions.(ii) Specific inquiry
In conducting the review required under clause (i), the Director of National Intelligence and the Attorney General shall determine—
(I)
whether the information described in clause (i) continues to meet the requirements for classification set forth in Executive Order 13526; and
(II)
if the information described in clause (i) continues to meet the requirements for classification set forth in Executive Order 13526, whether the information should nonetheless be declassified pursuant to section 3.1(d) of Executive Order 13526.
(iii) Factors
In making a determination under subclause (II) of clause (ii), the Director of National Intelligence and the Attorney General shall consider—
(I)
the public interest served by ensuring that laws are public and transparent; and
(II)
the fact that the type of service provider or services at issue in the covered opinions have been the subject of public disclosures.
(D) Requirements for directives to covered electronic communication service providers
(i) In general
Subject to clause (ii), any directive issued under paragraph (1) on or after the date of the enactment of this paragraph to a covered electronic communication service provider that is not prohibited by subparagraph (B) of this paragraph shall include a summary description of the services at issue in the covered opinions.
(ii) Duplicate summaries not required
A directive need not include a summary description of the services at issue in the covered opinions if such summary was included in a prior directive issued to the covered electronic communication service provider and the summary has not materially changed.
(E) Foreign Intelligence Surveillance Court notification and review
(i) Notification
(I) In general
Subject to subclause (II), on or after the date of the enactment of this paragraph, each time the Attorney General and the Director of National Intelligence serve a directive under paragraph (1) to a covered electronic communication service provider that is not prohibited by subparagraph (B) and each time the Attorney General and the Director materially change a directive under paragraph (1) served on a covered electronic communication service provider that is not prohibited by subparagraph (B), the Attorney General shall provide the directive to the Foreign Intelligence Surveillance Court on or before the date that is 7 days after the date on which the Attorney General and the Director served the directive, along with a description of the covered electronic communication service provider to whom the directive is issued and the services at issue.
(II) Duplication not required
The Attorney General does not need to provide a directive or description to the Foreign Intelligence Surveillance Court under subclause (I) if a directive and description concerning the covered electronic communication service provider was previously provided to the Court and the directive or description has not materially changed.
(ii) Additional information
As soon as feasible and not later than the initiation of collection, the Attorney General shall, for each directive described in clause (i), provide the Foreign Intelligence Surveillance Court a summary description of the type of equipment to be accessed, the nature of the access, and the form of assistance required pursuant to the directive.
(iii) Review
(I) In general
The Foreign Intelligence Surveillance Court may review a directive received by the Court under clause (i) to determine whether the directive is consistent with subparagraph (B) and affirm, modify, or set aside the directive.
(II) Notice of intent to review
Not later than 7 days after the date on which the Court receives information under clause (ii) with respect to a directive, the Court shall provide notice to the Attorney General and cleared counsel for the covered electronic communication service provider indicating whether the Court intends to undertake a review under subclause (I) of this clause.
(III) Completion of reviews
In a case in which the Court provides notice under subclause (II) indicating that the Court intends to review a directive under subclause (I), the Court shall, not later than 30 days after the date on which the Court provides notice under subclause (II) with respect to the directive, complete the review.
(F) Congressional oversight
(i) Notification
(I) In general
Subject to subclause (II), on or after the date of the enactment of this paragraph, each time the Attorney General and the Director of National Intelligence serve a directive under paragraph (1) on a covered electronic communication service provider that is not prohibited by subparagraph (B) and each time the Attorney General and the Director materially change a directive under paragraph (1) served on a covered electronic communication service provider that is not prohibited by subparagraph (B), the Attorney General shall submit to the appropriate committees of Congress the directive on or before the date that is 7 days after the date on which the Attorney General and the Director serve the directive, along with a description of the covered electronic communication service provider to whom the directive is issued and the services at issue.
(II) Duplication not required
The Attorney General does not need to submit a directive or description to the appropriate committees of Congress under subclause (I) if a directive and description concerning the covered electronic communication service provider was previously submitted to the appropriate committees of Congress and the directive or description has not materially changed.
(ii) Additional information
As soon as feasible and not later than the initiation of collection, the Attorney General shall, for each directive described in clause (i), provide the appropriate committees of Congress a summary description of the type of equipment to be accessed, the nature of the access, and the form of assistance required pursuant to the directive.
(iii) Reporting
(I) Quarterly reports
Not later than 90 days after the date of the enactment of this paragraph and not less frequently than once each quarter thereafter, the Attorney General shall submit to the appropriate committees of Congress a report on the number of directives served, during the period covered by the report, under paragraph (1) to a covered electronic communication service provider and the number of directives provided during the same period to the Foreign Intelligence Surveillance Court under subparagraph (E)(i).
(II) Form of reports
Each report submitted pursuant to subclause (I) shall be submitted in unclassified form, but may include a classified annex.
(III) Submission of court opinions
Not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues an opinion relating to a directive issued to a covered electronic communication service provider under paragraph (1), the Attorney General shall submit to the appropriate committees of Congress a copy of the opinion.
(b) Sunset
Effective on December 31, 2026, section 702(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(i)), as amended by this section, is amended by striking paragraph (7).
Sec. 104. Use of amici curiae in Foreign Intelligence Surveillance Court proceedings
(a) Expansion of appointment authority
(1) In general
Section 103(i)(2)(A) (50 U.S.C. 1803(i)(2)(A)) is amended by striking clause (i) and inserting the following:
(i)
shall, unless the court issues a finding that appointment is not appropriate, appoint 1 or more individuals who have been designated under paragraph (1), not fewer than 1 of whom possesses privacy and civil liberties expertise, unless the court finds that such a qualification is inappropriate, to serve as amicus curiae to assist the court in the consideration of any application or motion for an order or review that, in the opinion of the court—
(I)
presents a novel or significant interpretation of the law;
(II)
presents significant concerns with respect to the activities of a United States person that are protected by the first amendment to the Constitution of the United States;
(III)
presents or involves a sensitive investigative matter;
(IV)
presents a request for approval of a new program, a new technology, or a new use of existing technology;
(V)
presents a request for reauthorization of programmatic surveillance;
(VI)
otherwise presents novel or significant civil liberties issues; or
(VII)
otherwise involves the activities of a United States person; and
(2) Definition of sensitive investigative matter
Section 103(i) (50 U.S.C. 1803(i)) is amended by adding at the end the following:
(12) Definition
In this subsection, the term sensitive investigative matter means—
(A)
an investigative matter involving the activities of—
(i)
a domestic public official or political candidate, or an individual serving on the staff of such an official or candidate;
(ii)
a domestic religious or political organization, or a known or suspected United States person prominent in such an organization; or
(iii)
the domestic news media; or
(B)
any other investigative matter involving a domestic entity or a known or suspected United States person that, in the judgment of the applicable court established under subsection (a) or (b), is as sensitive as an investigative matter described in subparagraph (A).
(b) Authority To seek review
Section 103(i) (50 U.S.C. 1803(i)) is further amended—
(1)
in paragraph (4)—
(A)
in the paragraph heading, by inserting ; authority
after Duties
;
(B)
in the matter preceding subparagraph (A), by striking shall
;
(C)
in subparagraph (A)—
(i)
by inserting shall
before be limited
; and
(ii)
by striking ; and
and inserting a semicolon;
(D)
in subparagraph (B)—
(i)
in the matter preceding clause (i), by inserting shall
before provide
;
(ii)
in clause (i), by inserting before the semicolon at the end the following: , including legal arguments regarding any privacy or civil liberties interest of any United States person that would be significantly impacted by the application or motion
; and
(iii)
in clause (iii), by striking the period at the end and inserting ; and
; and
(E)
by adding at the end the following new subparagraph:
(C)
may seek leave to raise any novel or significant privacy or civil liberties issue relevant to the application or motion or other issue directly impacting the legality of the proposed electronic surveillance with the court, regardless of whether the court has requested assistance on that issue under subparagraph (A).;
(2)
by redesignating paragraphs (7) through (11) as paragraphs (8) through (12), respectively; and
(3)
by inserting after paragraph (6) the following:
(7) Authority to seek review of decisions
(A) FISA court decisions
(i) Petition
Following issuance of an order under this Act by the Foreign Intelligence Surveillance Court, an amicus curiae appointed under paragraph (2) may petition the Foreign Intelligence Surveillance Court to certify for review to the Foreign Intelligence Surveillance Court of Review a question of law pursuant to subsection (j).
(ii) Written statement of reasons
If the Foreign Intelligence Surveillance Court denies a petition under this subparagraph, the Foreign Intelligence Surveillance Court shall provide for the record a written statement of the reasons for the denial.
(iii) Appointment
Upon certification of any question of law pursuant to this subparagraph, the Court of Review shall appoint the amicus curiae to assist the Court of Review in its consideration of the certified question, unless the Court of Review issues a finding that such appointment is not appropriate.
(B) FISA Court of Review decisions
An amicus curiae appointed under paragraph (2) may petition the Foreign Intelligence Surveillance Court of Review to certify for review to the Supreme Court of the United States any question of law pursuant to section 1254(2) of title 28, United States Code.
(C) Declassification of referrals
For purposes of section 602, a petition filed under subparagraph (A) or (B) of this paragraph and all of its content shall be considered a decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review described in paragraph (2) of section 602(a).
(c) Access to information
(1) Application and materials
Section 103(i)(6) (50 U.S.C. 1803(i)(6)) is amended by striking subparagraph (A) and inserting the following:
(A) Right of amicus
If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae—
(i)
shall have access, to the extent such information is available to the Government, to—
(I)
the application, certification, petition, motion, and other information and supporting materials, submitted to the Foreign Intelligence Surveillance Court in connection with the matter in which the amicus curiae has been appointed, including access to any relevant decision (including any such decision that is cited by the Government, including in such an application);
(II)
an unredacted copy of each relevant decision made by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review in which the court decides a question of law, without regard to whether the decision is classified; and
(III)
any other information or materials, or individuals, that the court determines are relevant to the duties of the amicus curiae; and
(ii)
may make a submission to the court requesting access to any other particular materials or information (or category of materials or information) that the amicus curiae believes to be relevant to the duties of the amicus curiae.
(2) Clarification of access to certain information
Section 103(i)(6) (50 U.S.C. 1803(i)(6)) is further amended—
(A)
in subparagraph (B), by striking may
and inserting shall
; and
(B)
by striking subparagraph (C) and inserting the following:
(C) Classified information
An amicus curiae designated or appointed by the court shall have access, to the extent such information is available to the Government, to unredacted copies of each relevant opinion, order, transcript, pleading, or other document of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review, including, if the individual is eligible for access to classified information, any classified documents, information, and other materials or proceedings.
(d) Application
The amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to proceedings under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that take place on or after, or are pending on, that date.
Sec. 105. Extension of FISA title VII authorities
(a) Extension of repeal date of title VII
Section 403(b) of the FISA Amendments Act of 2008 (Public Law 110–261) is amended—
(1)
in paragraph (1) (50 U.S.C. 1881 note) by striking effective two years after
and all that follows through the period at the end and inserting effective April 20, 2028, title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) is repealed.
; and
(2)
in paragraph (2) (18 U.S.C. 2511 note), in the matter preceding subparagraph (A), by striking Effective two years after the date of enactment of the Reforming Intelligence and Securing America Act
and inserting Effective April 20, 2028
.
(b) Extension of transition procedures
Section 404(b) of the FISA Amendments Act of 2008 (Public Law 110–261; 50 U.S.C. 1801 note) is amended—
(1)
in paragraph (1)—
(A)
in the heading, by striking two years after the date of enactment of the Reforming Intelligence and Securing America Act
and inserting repeal date
; and
(B)
by striking , as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act,
and inserting (50 U.S.C. 1881 et seq.)
; and
(2)
in paragraph (2), by striking , as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act,
and inserting (50 U.S.C. 1881 et seq.)
.
(c) Effective date
The amendments made by this section shall take effect on the earlier of the date of the enactment of this Act or April 20, 2026.
Title II Protection of records held by data brokers
Sec. 201. Short title
This title may be cited as the Fourth Amendment Is Not For Sale Act
.
Sec. 202. Protection of records held by data brokers
Section 2702 of title 18, United States Code, is amended by adding at the end the following:
(e) Prohibition on obtaining in exchange for anything of value certain records and information by law enforcement and intelligence agencies
(1) Definitions
In this subsection—
(A)
the term covered customer or subscriber record means a covered record that is—
(i)
disclosed to a third party by—
(I)
a provider of an electronic communication service to the public or a provider of a remote computing service of which the covered person with respect to the covered record is a subscriber or customer; or
(II)
an intermediary service provider that delivers, stores, or processes communications of such covered person;
(ii)
collected by a third party from an online account of a covered person; or
(iii)
collected by a third party from or about an electronic device of a covered person;
(B)
the term covered person means a United States person;
(C)
the term covered record means a record or other information that—
(i)
pertains to a covered person; and
(ii)
is—
(I)
a record or other information described in the matter preceding paragraph (1) of subsection (c);
(II)
the contents of a communication; or
(III)
location information;
(D)
the term electronic device has the meaning given the term computer in section 1030(e);
(E)
the term illegitimately obtained information means a covered record that—
(i)
was obtained—
(I)
from a provider of an electronic communication service to the public or a provider of a remote computing service in a manner that—
(aa)
violates the service agreement between the provider and customers or subscribers of the provider; or
(bb)
is inconsistent with the privacy policy of the provider;
(II)
by deceiving the covered person whose covered record was obtained; or
(III)
through the unauthorized accessing of an electronic device or online account; or
(ii)
was—
(I)
obtained from a provider of an electronic communication service to the public, a provider of a remote computing service, or an intermediary service provider; and
(II)
collected, processed, or shared in violation of a contract relating to the covered record;
(F)
the term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003);
(G)
the term location information means information derived or otherwise calculated from the transmission or reception of a radio signal that reveals the approximate or actual geographic location of a customer, subscriber, or device;
(H)
the term obtain in exchange for anything of value means to obtain by purchasing, to receive in connection with services being provided for consideration, or to otherwise obtain in exchange for consideration, including an access fee, service fee, maintenance fee, or licensing fee;
(I)
the term online account means an online account with an electronic communication service to the public or remote computing service;
(J)
the term pertain, with respect to a person, means—
(i)
information that is linked to the identity of a person; or
(ii)
information—
(I)
that has been anonymized to remove links to the identity of a person; and
(II)
that, if combined with other information, could be used to identify a person; and
(K)
the term third party means a person who—
(i)
is not a governmental entity; and
(ii)
in connection with the collection, disclosure, obtaining, processing, or sharing of the covered record at issue, was not acting as—
(I)
a provider of an electronic communication service to the public; or
(II)
a provider of a remote computing service.
(2) Limitation
(A) In general
A law enforcement agency of a governmental entity and an element of the intelligence community may not obtain from a third party in exchange for anything of value a covered customer or subscriber record or any illegitimately obtained information.
(B) Indirectly acquired records and information
The limitation under subparagraph (A) shall apply without regard to whether the third party possessing the covered customer or subscriber record or illegitimately obtained information is the third party that initially obtained or collected, or is the third party that initially received the disclosure of, the covered customer or subscriber record or illegitimately obtained information.
(3) Limit on sharing between agencies
An agency of a governmental entity that is not a law enforcement agency or an element of the intelligence community may not provide to a law enforcement agency of a governmental entity or an element of the intelligence community a covered customer or subscriber record or illegitimately obtained information that was obtained from a third party in exchange for anything of value.
(4) Prohibition on use as evidence
A covered customer or subscriber record or illegitimately obtained information obtained by or provided to a law enforcement agency of a governmental entity or an element of the intelligence community in violation of paragraph (2) or (3), and any evidence derived therefrom, may not be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof.
(5) Minimization procedures
(A) In general
The Attorney General shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention, and prohibit the dissemination, of information pertaining to a covered person that is acquired in violation of paragraph (2) or (3).
(B) Use by agencies
If a law enforcement agency of a governmental entity or element of the intelligence community acquires information pertaining to a covered person in violation of paragraph (2) or (3), the law enforcement agency of a governmental entity or element of the intelligence community shall minimize the acquisition and retention, and prohibit the dissemination, of the information in accordance with the procedures adopted under subparagraph (A).
Sec. 203. Required disclosure
Section 2703 of title 18, United States Code, is amended by adding at the end the following:
(i) Covered customer or subscriber records and illegitimately obtained information
(1) Definitions
In this subsection, the terms covered customer or subscriber record, illegitimately obtained information, and third party have the meanings given such terms in section 2702(e).
(2) Limitation
Unless a governmental entity obtains an order in accordance with paragraph (3), the governmental entity may not require a third party to disclose a covered customer or subscriber record or any illegitimately obtained information if a court order would be required for the governmental entity to require a provider of remote computing service or a provider of electronic communication service to the public to disclose such a covered customer or subscriber record or illegitimately obtained information that is a record of a customer or subscriber of the provider.
(3) Orders
(A) In general
A court may only issue an order requiring a third party to disclose a covered customer or subscriber record or any illegitimately obtained information on the same basis and subject to the same limitations as would apply to a court order to require disclosure by a provider of remote computing service or a provider of electronic communication service to the public of a record of a customer or subscriber of the provider.
(B) Standard
For purposes of subparagraph (A), a court shall apply the most stringent standard under Federal statute or the Constitution of the United States that would be applicable to a request for a court order to require a comparable disclosure by a provider of remote computing service or a provider of electronic communication service to the public of a record of a customer or subscriber of the provider.
Sec. 204. Intermediary service providers
(a) Definition
Section 2711 of title 18, United States Code, is amended—
(1)
in paragraph (3), by striking and
at the end;
(2)
in paragraph (4), by striking the period at the end and inserting ; and
; and
(3)
by adding at the end the following:
(5)
the term intermediary service provider means an entity or facilities owner or operator that directly or indirectly delivers, stores, or processes communications for or on behalf of a provider of electronic communication service to the public or a provider of remote computing service.
(b) Prohibition
Section 2702(a) of title 18, United States Code, is amended—
(1)
in paragraph (1), by striking and
at the end;
(2)
in paragraph (2), by striking and
at the end;
(3)
in paragraph (3), by striking the period at the end and inserting ; and
; and
(4)
by adding at the end the following:
(4)
an intermediary service provider shall not knowingly divulge—
(A)
to any person or entity the contents of a communication while in electronic storage by that provider; or
(B)
to any governmental entity a record or other information pertaining to a subscriber to or customer of, a recipient of a communication from a subscriber to or customer of, or the sender of a communication to a subscriber to or customer of, the provider of electronic communication service to the public or the provider of remote computing service for, or on behalf of, which the intermediary service provider directly or indirectly delivers, transmits, stores, or processes communications.
Sec. 205. Protections for demands for data held by interactive computing services
(a) Definition
Section 2711 of title 18, United States Code, as amended by section 204, is further amended—
(1)
in paragraph (4), by striking and
at the end;
(2)
in paragraph (5), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:
(6)
the term online service provider means a provider of electronic communication service, a provider of remote computing service, any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; and
(b) Required disclosure
Section 2703 of title 18, United States Code, as amended by section 203, is further amended—
(1)
in subsection (a), in the first sentence, by striking a provider of electronic communication service
and inserting an online service provider
;
(2)
in subsection (c)—
(A)
in paragraph (1), in the matter preceding subparagraph (A), by striking a provider of electronic communication service or remote computing service
and inserting an online service provider
; and
(B)
in paragraph (2), in the matter preceding subparagraph (A), by striking A provider of electronic communication service or remote computing service
and inserting An online service provider
; and
(3)
in subsection (g), by striking a provider of electronic communications service or remote computing service
and inserting an online service provider
.
(c) Limitation on voluntary disclosure
Section 2702(a) of title 18, United States Code, as amended by section 204, is further amended—
(1)
in paragraph (1), by striking a person or entity providing an electronic communication service to the public
and inserting an online service provider
;
(2)
in paragraph (2), by striking a person or entity providing remote computing service to the public
and inserting an online service provider
; and
(3)
in paragraph (3), by striking a provider of remote computing service or electronic communication service to the public
and inserting an online service provider
.
Sec. 206. Limits on surveillance conducted for foreign intelligence purposes other than under the Foreign Intelligence Surveillance Act of 1978
(a) In general
Section 2511(2)(f) of title 18, United States Code, is amended to read as follows:
(f)
(i)
(A)
Nothing contained in this chapter, chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934 (47 U.S.C. 151 et seq.) shall be deemed to affect an acquisition or activity described in clause (B) that is carried out utilizing a means other than electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(B)
An acquisition or activity described in this clause is—
(I)
an acquisition by the United States Government of foreign intelligence information from international or foreign communications that—
(aa)
is acquired pursuant to express statutory authority; or
(bb)
only includes information of persons who are not United States persons and are located outside the United States; or
(II)
a foreign intelligence activity involving a foreign electronic communications system that—
(aa)
is conducted pursuant to express statutory authority; or
(bb)
only involves the acquisition by the United States Government of information of persons who are not United States persons and are located outside the United States.
(ii)
The procedures in this chapter, chapter 121, and the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted.
(b) Exclusive means related to communications records
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which electronic communications transactions records, call detail records, or other information from communications of United States persons or persons inside the United States are acquired for foreign intelligence purposes inside the United States or from a person or entity located in the United States that provides telecommunications, electronic communication, or remote computing services.
(c) Exclusive means related to location information, web browsing history, and internet search history
(1) Definition
In this subsection, the term location information has the meaning given that term in subsection (e) of section 2702 of title 18, United States Code, as added by section 202 of this Act.
(2) Exclusive means
Title I and sections 303, 304, 702, 703, 704, and 705 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq., 1823, 1824, 1881a, 1881b, 1881c, 1881d) shall be the exclusive means by which location information, web browsing history, and internet search history of United States persons or persons inside the United States are acquired for foreign intelligence purposes inside the United States or from a person or entity located in the United States.
(d) Exclusive means related to fourth amendment-Protected information
Title I and sections 303, 304, 702, 703, 704, and 705 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq., 1823, 1824, 1881a, 1881b, 1881c, 1881d) shall be the exclusive means by which any information, records, data, or tangible things are acquired for foreign intelligence purposes from a person or entity located in the United States if the compelled production of such information, records, data, or tangible things would require a warrant for law enforcement purposes.
(e) Definition
In this section, the term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
Sec. 207. Limit on civil immunity for providing information, facilities, or technical assistance to the Government absent a court order
Section 2511(2)(a) of title 18, United States Code, is amended—
(1)
in subparagraph (ii), by striking clause (B) and inserting the following:
(B)
a certification in writing—
(I)
by a person specified in section 2518(7) or the Attorney General of the United States;
(II)
that the requirements for an emergency authorization to intercept a wire, oral, or electronic communication under section 2518(7) have been met; and
(III)
that the specified assistance is required,; and
(2)
by striking subparagraph (iii) and inserting the following:
(iii)
For assistance provided pursuant to a certification under subparagraph (ii)(B), the limitation on causes of action under the last sentence of the matter following subparagraph (ii)(B) shall only apply to the extent that the assistance ceased at the earliest of the time the application for a court order was denied, the time the communication sought was obtained, or 48 hours after the interception began.