In the nature of a substitute.

The amendment, titled the Safe Cloud Storage Act, aims to change the bill by striking all existing text after the enacting clause and replacing it with new provisions focused on how law enforcement stores specific types of digital evidence.

The purpose of this amendment is to modernize how Federal, State, and local law enforcement and prosecutorial agencies store child pornography, child obscenity, and intimate visual depictions of minors. It does this by creating a system for using approved vendors (cloud service providers) to handle this data.

The amendment adds the following key elements:

• Limited Liability: It generally prevents civil claims or criminal charges from being brought against approved vendors for performing their contractual duties, unless the vendor engaged in intentional misconduct, negligent conduct, actual malice, or reckless disregard.

• Security Requirements: Approved vendors must follow specific cybersecurity standards, including:

  • Using the National Institute of Standards and Technology (NIST) Cybersecurity Framework.
  • Using end-to-end encryption.
  • Undergoing annual independent cybersecurity audits.
  • Limiting employee access to the data.

• Data Controls: It requires that data remain in the United States unless the contracting agency gives express consent for a transfer for investigative purposes.

• Accountability and Reporting: Vendors must file a notification letter with the Department of Justice after signing a contract and must notify the government if a contracting agency breaches the contract or fails to make payments.