Section 1 Short title
This Act may be cited as the “End Warrantless Surveillance of Americans Act”.
End Warrantless Surveillance of Americans Act
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to clarify the prohibition on warrantless searching of collections of communications for United States persons, and for other purposes.
Sec. 2 Clarification on prohibition on warrantless searching of collections of communications for the communications of United States persons
Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is amended—
by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin;
by striking “the purpose” and inserting “a purpose”;
by striking “an acquisition” and inserting the following: “(1) In general.—In acquisition”; and
by adding at the end the following new paragraph:
“(2) Clarification on prohibition on searching of collections of communications of united states persons
“(A) In general—Except as provided in subparagraph (B), no officer or employee of the United States may conduct a search of a collection of communications acquired under this section in an effort to find communications of a particular United States person (other than a corporation).
“(B) Concurrent authorization and exception for emergency situations—Subparagraph (A) shall not apply to a search for communications related to a particular United States person if—
“(i) such United States person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705, or title 18, United States Code, for the effective period of that order;
“(ii) the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or
“(iii) such United States person has consented to the search.”
Sec. 3 Prohibition on warrantless searching of collections of communications collected under executive order for the communications of United States persons
In general— Section 309 of the Intelligence Authorization Act for Fiscal Year 2015 is amended by adding at the end the following new subparagraph:
“(C) Clarification on prohibition on searching of collections of communications of united states persons
“(i) In general—Except as provided in clause (ii), no officer or employee of the United States may conduct a search of retained covered communications for a particular United States person (other than a corporation).
“(ii) Exception for emergency situations—Clause (i) shall not apply to a search for communications related to a particular United States person if—
“(I) such United States person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705, or title 18, United States Code, for the effective period of that order;
“(II) the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or
“(III) such United States person has consented to the search.”
Conforming Amendments— Section 309(b)(3)(A) is amended by striking “subparagraph (B).” and inserting “subparagraphs (B) and (C).”.
Sec. 4 Prohibition on data security vulnerability mandates
In general— Except as provided in subsection (b), no agency may mandate or request that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency.
Exception— Subsection (a) shall not apply to mandates authorized under the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.).
Definitions— In this section—
the term agency has the meaning given the term in section 3502 of title 44, United States Code; and
the term covered product means any computer hardware, computer software, or electronic device that is made available to the general public.