[Congressional Record Volume 170, Number 68 (Thursday, April 18, 2024)]
[Senate]
[Pages S2894-S2895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1827. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. WARRANT PROTECTIONS FOR LOCATION INFORMATION, WEB 
                   BROWSING RECORDS, AND SEARCH QUERY RECORDS.

       (a) Historical Location, Web Browsing, and Search 
     Queries.--
       (1) In general.--Section 2703 of title 18, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) in the subsection heading, by striking ``Contents of 
     Wire or Electronic Communications'' and inserting ``Location 
     Information, Web Browsing Records, Search Query Records, or 
     Contents of Wire or Electronic Communications''; and
       (ii) in the first sentence, by inserting ``location 
     information, a web browsing record, a search query record, 
     or'' before ``the contents of a wire''; and
       (B) in subsection (c)(1), in the matter preceding 
     subparagraph (A), by inserting ``location information, a web 
     browsing record, a search query record, or'' before ``the 
     contents''.
       (2) Definition.--Section 2711 of title 18, United States 
     Code, is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``(a) In General.--'' before ``As used'';
       (B) in subsection (a), as so designated--
       (i) in paragraph (3)(C), by striking ``and'' at the end;
       (ii) in paragraph (4), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(5) 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, user, 
     or device;
       ``(6) the term `web browsing record'--
       ``(A) means a record that reveals, in part or in whole, the 
     identity of a service provided by an online service provider, 
     or the identity of a customer, subscriber, user, or device, 
     for any attempted or successful communication or transmission 
     between an online service provider and such a customer, 
     subscriber, user, or device;
       ``(B) includes a record that reveals, in part or in whole--
       ``(i) the domain name, uniform resource locator, internet 
     protocol address, or other identifier for a service provided 
     by an online service provider with which a customer, 
     subscriber, user, or device has exchanged or attempted to 
     exchange a communication or transmission; or
       ``(ii) the network traffic generated by an attempted or 
     successful communication or transmission between a service 
     provided by an online service provider and a customer, 
     subscriber, user, or device; and
       ``(C) does not include a record that reveals information 
     about an attempted or successful communication or 
     transmission between a known service and a particular, known 
     customer, subscriber, user, or device, if the record is 
     maintained by the known service and is limited to revealing 
     additional identifying information about the particular, 
     known customer, subscriber, user, or device; and
       ``(7) the term `search query record'--
       ``(A) means a record that reveals a query term or 
     instruction submitted, in written, verbal, or other format, 
     by a customer, subscriber, user, or device to any service 
     provided by an online service provider, including a search 
     engine, voice assistant, chat bot, or navigation service; and
       ``(B) includes a record that reveals the response provided 
     by any service provided by an online service provider to a 
     query term or instruction by a customer, subscriber, user, or 
     device,''; and
       (C) by adding at the end the following:
       ``(b) Rule of Construction.--Nothing in this section or 
     section 2510 shall be construed to mean that a record may not 
     be more than 1 of the following types of record:
       ``(1) The contents of a communication.
       ``(2) Location information.
       ``(3) A web browsing record.
       ``(4) A search query record.''.
       (b) Real-Time Surveillance of Location Information.--
       (1) In general.--Section 3117 of title 18, United States 
     Code, is amended--
       (A) in the section heading, by striking ``Mobile tracking 
     devices'' and inserting ``Tracking orders'';
       (B) by striking subsection (b);
       (C) by redesignating subsection (a) as subsection (c);
       (D) by inserting before subsection (c), as so redesignated, 
     the following:
       ``(a) In General.--No officer or employee of a governmental 
     entity may install or direct the installation of a tracking 
     device, except pursuant to a warrant issued using the

[[Page S2895]]

     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) Emergencies.--
       ``(1) In general.--Subject to paragraph (2), the 
     prohibition under subsection (a) does not apply in a instance 
     in which an investigative or law enforcement officer 
     reasonably determines that--
       ``(A) a circumstance described in subparagraph (i), (ii), 
     or (iii) of section 2518(7)(a) exists; and
       ``(B) there are grounds upon which a warrant could be 
     issued to authorize the installation of the tracking device.
       ``(2) Application deadline.--If a tracking device is 
     installed under the authority under paragraph (1), an 
     application for a warrant shall be made within 48 hours after 
     the installation.
       ``(3) Termination absent warrant.--In the absence of a 
     warrant, use of a tracking device under the authority under 
     paragraph (1) shall immediately terminate when the 
     investigative information sought is obtained or when the 
     application for the warrant is denied, whichever is earlier.
       ``(4) Limitation.--In the event an application for a 
     warrant described in paragraph (2) is denied, or in any other 
     case where the use of a tracking device under the authority 
     under paragraph (1) is terminated without a warrant having 
     been issued, the information obtained shall be treated as 
     having been obtained in violation of this section, and an 
     inventory describing the installation and use of the tracking 
     device shall be served on the person named in the warrant 
     application.'';
       (E) in subsection (c), as so redesignated--
       (i) in the subsection heading, by striking ``In General'' 
     and inserting ``Jurisdiction'';
       (ii) by striking ``or other order'';
       (iii) by striking ``mobile'';
       (iv) by striking ``such order'' and inserting ``such 
     warrant''; and
       (v) by adding at the end the following: ``For purposes of 
     this subsection, the installation of a tracking device occurs 
     within the jurisdiction in which the device is physically 
     located when the installation is complete.''; and
       (F) by adding at the end the following:
       ``(d) Definitions.--As used in this section--
       ``(1) the term `computer' has the meaning given that term 
     in section 1030(e);
       ``(2) the terms `court of competent jurisdiction' and 
     `governmental entity' have the meanings given such terms in 
     section 2711;
       ``(3) the term `installation of a tracking device' means, 
     whether performed by an officer or employee of a governmental 
     entity or by a provider at the direction of a governmental 
     entity--
       ``(A) the physical placement of a tracking device;
       ``(B) the remote activation of the tracking software or 
     functionality of a tracking device; or
       ``(C) the acquisition of a radio signal transmitted by a 
     tracking device; and
       ``(4) the term `tracking device' means an electronic or 
     mechanical device which permits the tracking of the movement 
     of a person or object, including a phone, wearable device, 
     connected vehicle, or other computer owned, used, or 
     possessed by the target of surveillance.''.
       (2) Conforming amendments.--
       (A) The table of sections for chapter 205 of title 18, 
     United States Code, is amended by striking the item relating 
     to section 3117 and inserting the following:

``3117. Tracking orders.''.
       (B) Section 2510(12)(C) of title 18, United States Code, is 
     amended to read as follows:
       ``(C) a communication from a lawfully installed tracking 
     device (as defined in section 3117 of this title), if--
       ``(i) the tracking device is physically placed; or
       ``(ii) the tracking software or functionality of the 
     tracking device is remotely activated and the communication 
     is transmitted by the tracking software or functionality as a 
     result of the remote activation; or''.
       (c) Prospective Surveillance of Web Browsing Records and 
     Location Information.--Section 2703 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(i) Prospective Disclosure of Web Browsing Records.--
       ``(1) In general.--A governmental entity may require the 
     prospective disclosure by an online service provider of a web 
     browsing record only pursuant to a warrant issued using the 
     procedures described in subsection (a).
       ``(2) Time restrictions.--A warrant requiring the 
     prospective disclosure by an online service provider of web 
     browsing records may require disclosure of web browsing 
     records for only a period as is necessary to achieve the 
     objective of the disclosure, not to exceed 30 days from 
     issuance of the warrant. Extensions of such a warrant may be 
     granted, but only upon satisfaction of the showings necessary 
     for issuance of the warrant in the first instance.
       ``(j) Prospective Disclosure of Location Records.--A 
     governmental entity may require the prospective disclosure by 
     an online service provider of location information only 
     pursuant to a warrant issued using the procedures described 
     in subsection (a), that satisfies the restrictions imposed on 
     warrants for tracking devices imposed by section 3117 of this 
     title and rule 41 of the Federal Rules of Criminal 
     Procedure.''.
                                 ______