S 1574 — Tribal Access to Electronic Evidence Act

Summary

Tribal Access to Electronic Evidence ActThis bill allows tribal courts to execute warrants for electronic material.The Stored Communications Act (SCA) generally prohibits providers of electronic communication services (e.g., cell phone providers, email providers, or social media platforms) and remote computing services (e.g., cloud computing providers) from knowingly disclosing stored electronic communications or records (e.g., emails) or information pertaining to customers or subscribers. However, the SCA authorizes governmental entities to compel service providers to disclose electronic communication information through a court-issued warrant, a court order, or an administrative subpoena.This bill gives tribal courts the same authority as other governmental entities (e.g., state courts) to compel service providers to disclose stored electronic communication information through court-issued warrants, court orders, or administrative subpoenas.

Bill Text

• Introduced Introduced in Senate Current html May 01, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the Stored Communications Act to include Tribal courts as courts of competent jurisdiction.

• 18 U.S.C. 2711

  the term 'governmental entity' means a department or agency of the United States or any State or political subdivision thereof. → the term 'governmental entity' means a department or agency of-- (A) the United States; (B) any State or political subdivision thereof; or (C) any Indian Tribe or political subdivision thereof;

  This change expands the definition of 'governmental entity' to include Indian Tribes.

• 18 U.S.C. 2711

  the term 'Indian Tribe' means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the most recent list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131);

  This addition defines 'Indian Tribe' for the purposes of the act.

• 18 U.S.C. 2711

  the term 'Tribal court' means a court of general criminal jurisdiction of an Indian Tribe authorized by the law of that Indian Tribe to issue search warrants.

  This defines 'Tribal court' as a legitimate court for issuing search warrants.

• 18 U.S.C. 2703

  that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to 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. → that is in electronic storage in an electronic communications system for 180 days or less, only pursuant to a warrant issued by a court of competent jurisdiction-- (A) issued using the procedures described in the Federal Rules of Criminal Procedure; (B) in the case of a State court, issued using State warrant procedures; (C) 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); or (D) in the case of a Tribal court, issued using the warrant procedures described in section 202(a)(2) of Public Law 90-284 (commonly known as the 'Indian Civil Rights Act of 1968') (25 U.S.C. 1302(a)(2)).

  This change allows Tribal courts to issue warrants for the disclosure of electronic communications in storage for 180 days or less.

• 18 U.S.C. 2703

  using the procedures described in the Federal Rules of Criminal Procedure → in accordance with subsection (a)(1)

  This aligns state and Tribal court procedures for disclosure of electronic communications.

• 18 U.S.C. 2703

  Tribal,

  This ensures the term 'Tribal' is included in references to warrant procedures.

• 18 U.S.C. 2705

  Tribal,

  This inclusion provides for delayed notice in cases involving Tribal warrants.

• 18 U.S.C. 2707

  or a political subdivision of a State → a political subdivision of a State, or an Indian Tribe

  This expands the scope of potential civil actions to include Indian Tribes.

• 18 U.S.C. 2710

  a warrant issued by a Tribal court using the warrant procedures described in section 202(a)(2) of Public Law 90-284 (commonly known as the 'Indian Civil Rights Act of 1968') (25 U.S.C. 1302(a)(2)),

  This allows warrants issued by Tribal courts for video tape rental or sale records.

Action History

1. May 01, 2025

   Introduced in Senate

2. May 01, 2025

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Catherine Cortez Masto · Primary
• Mike Rounds · Cosponsor
• Markwayne Mullin · Cosponsor
• Tina Smith · Cosponsor
• Alan Armstrong · Cosponsor

Subjects