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Title II — Data in motion

S. 4051 · 116th Congress · Jun 23, 2020 · Lineage

II Data in motion

Sec. 201 Assistance

Section 2518(4) of title 18, United States Code, is amended, in the undesignated matter following paragraph (e), by striking “with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance.” and inserting the following:

“(i) isolating all communications authorized to be intercepted;

“(ii) decrypting, decoding, or otherwise providing in an intelligible format the communications authorized to be intercepted, unless the independent actions of an unaffiliated entity make it technically impossible to do so; and

“(iii) delivering all communications authorized to be intercepted securely, reliably, and concurrently with their transmission.”

Sec. 202 Capability

(a)
In general— Chapter 119 of title 18, United States Code, is amended by adding at the end the following:

“2524. Capability requirements

“(a) In general—A provider of wire or electronic communication service that had more than 1,000,000 monthly active users in the United States in January 2016 or any month thereafter, or has received an assistance capability directive under section 3513, shall ensure that the provider has the ability to provide the information, facilities, and technical assistance described in section 2518(4).

“(b) Calculation of monthly active users—For purposes of subsection (a), the number of monthly active users of a wire or electronic communication service shall be calculated by taking the average of the number of individual users or subscribers of the service that are active per month in any calendar year.

“(c) Costs—A provider of wire or electronic communication service to which subsection (a) applies shall bear any costs associated with the development of the capability required under that subsection, unless the provider has received an assistance capability directive under section 3513.”

(b)
Technical and conforming amendment— The table of sections for chapter 119 of title 18, United States Code, is amended by adding at the end the following:

Sec. 203 CALEA amendment

(a)
In general— Section 103(b)(3) of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1002(b)(3)) is amended—
(1)
by striking “, or ensuring the government’s ability to decrypt,”;
(2)
by striking “the encryption was provided” and inserting “the means of encryption or other encoding was implemented by or facilitated”; and
(3)
by striking “and the carrier possesses the information necessary to decrypt the communication”.