Tribal Access to Electronic Evidence Act
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To President
- Became Law
Overview
This bill, the Tribal Access to Electronic Evidence Act, amends the Stored Communications Act to grant Tribal courts the same authority as other governmental entities to obtain warrants for electronic evidence. Specifically, it expands the definition of ‘governmental entity’ to include Indian Tribes and their subdivisions, and clarifies the warrant procedures that must be followed when seeking electronic communications from service providers. The bill also addresses the timeframe for storing electronic communications and ensures Tribal courts utilize appropriate warrant procedures.
Key provisions
- Expands the definition of ‘governmental entity’ to include Indian Tribes and their subdivisions.
- Allows Tribal courts to issue search warrants for electronic evidence.
- Specifies warrant procedures for Tribal courts, referencing Public Law 90-284 (Indian Civil Rights Act).
- Addresses the storage timeframe for electronic communications (180 days or less).
- Modifies the requirements for disclosure of electronic communications based on storage duration.
- Clarifies warrant procedures for both short-term and long-term storage of electronic communications.
- Updates references to ‘Federal’ and ‘State’ to include ‘Tribal’ in relevant sections.
- Addresses civil actions related to wrongful disclosure of records.
Who is affected
- Indian Tribes
- Tribal Courts
- Electronic Communication Service Providers (e.g., cell phone, email, social media companies)
Bill text
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Sponsors
Official sponsors from legislative records.
5 on record
Primary sponsor
Cosponsors
Markwayne Mullin
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