118 HR 5309 IH: Warrant for Metadata Act U.S. House of Representatives 2023-08-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5309IN THE HOUSE OF REPRESENTATIVESAugust 29, 2023Mr. Lieu introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to require a warrant for the disclosure of records from a provider of electronic communication service or remote computing service, and for other purposes.

1.

Short title

This Act may be cited as the Warrant for Metadata Act.

2.

Warrant requirement for electronic communication service and remote computing service records

(a)

Warrant requirement

Section 2703 of title 18, United States Code, is amended—(1)in subsection (a)—(A)by striking for one hundred and eighty days or less,; and(B)by striking A governmental entity may require the disclosure by a provider of electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section.; (2)in subsection (c)—(A)in paragraph (1), by striking other information and all that follows, and inserting other information, including the metadata (as that term is defined in section 3502 of title 44) of such record or other information, pertaining to a subscriber to or customer of such service (not including the contents of communications) only when the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction.; (B)by striking paragraph (2); and(C)by redesignating paragraph (3) as paragraph (2); and(3)in subsection (d) by striking or (c).(b)

Retroactive effect

(1)

In general

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.(2)

Subsequent disclosure; expanded disclosure

With respect to a 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, any request for a subsequent disclosure related to such disclosure or an expansion of such disclosure made after the date of enactment of this Act shall be treated as a new disclosure under such section (as amended by this Act).