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Title II — FISA pen register and trap and trace device reform

S. 2685 · 113th Congress · Jul 29, 2014 · Lineage

II FISA pen register and trap and trace device reform

Sec. 201 Prohibition on bulk collection

(a)
Prohibition— Section 402(c) (50 U.S.C. 1842(c)) is amended—
(1)
in paragraph (1), by striking “; and” and inserting a semicolon;
(2)
in paragraph (2)—
(A)
by striking “a certification by the applicant” and inserting “a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant”; and
(B)
by striking the period and inserting “; and”; and
(3)
by adding at the end the following new paragraph:

“(3) a specific selection term to be used as the basis for the installation or use of the pen register or trap and trace device.”

(b)
Definition— Section 401 (50 U.S.C. 1841) is amended by adding at the end the following new paragraph:

“(4)

“(A) The term “specific selection term”—

“(i) means a term that specifically identifies a person, account, address, or personal device, or another specific identifier, that is used by the Government to narrowly limit the scope of information sought to the greatest extent reasonably practicable, consistent with the purpose for the installation or use of the pen register or trap and trace device; and

“(ii) does not include a term that does not narrowly limit the scope of information sought to the greatest extent reasonably practicable, consistent with the purpose for the installation or use of the pen register or trap and trace device, such as—

“(I) a term based on a broad geographic region, including a city, State, zip code, or area code, when not used as part of a specific identifier as described in clause (i); or

“(II) a term identifying an electronic communication service provider (as defined in section 701) or a provider of remote computing service (as that term is defined in section 2711 of title 18, United States Code), when not used as part of a specific identifier as described in clause (i), unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis for the installation or use of the pen register or trap and trace device.

“(B) For purposes of subparagraph (A), the term address means a physical address or electronic address, such as an electronic mail address, temporarily assigned network address, or Internet protocol address.”

Sec. 202 Privacy procedures

(a)
In general— Section 402 (50 U.S.C. 1842) is amended by adding at the end the following new subsection:

“(h) Privacy procedures

“(1) In general—The Attorney General shall ensure that appropriate policies and procedures are in place to safeguard nonpublicly available information concerning United States persons that is collected through the use of a pen register or trap and trace device installed under this section. Such policies and procedures shall, to the maximum extent practicable and consistent with the need to protect national security, include privacy protections that apply to the collection, retention, and use of information concerning United States persons.

“(2) Rule of construction—Nothing in this subsection shall be construed to limit the authority of the court established under section 103(a) or of the Attorney General to impose additional privacy or minimization procedures with regard to the installation or use of a pen register or trap and trace device.

“(3) Compliance assessment—At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the privacy procedures required by this subsection by reviewing the circumstances under which information concerning United States persons was collected, retained, or disseminated.”

(b)
Emergency authority— Section 403 (50 U.S.C. 1843) is amended by adding at the end the following new subsection:

“(d) Privacy procedures—Information collected through the use of a pen register or trap and trace device installed under this section shall be subject to the policies and procedures required under section 402(h).”