S.Amdt. 6387

This amendment aims to update the Stored Communications Act by recognizing Tribal courts as courts of competent jurisdiction.

The purpose of these changes is to add the following to the law:

• Definitions: It defines a governmental entity to include any Indian Tribe or its political subdivision and defines a Tribal court as a court of general criminal jurisdiction of an Indian Tribe authorized to issue search warrants.

• Warrant Requirements: It allows a governmental entity to require the disclosure of electronic communications stored for 180 days or less if a warrant is issued by a Tribal court using procedures that comply with the Indian Civil Rights Act of 1968.

• Legal Authority: It extends the authority of Tribal courts to be included alongside Federal and State courts regarding:

  • The required disclosure of customer communications or records.
  • Delayed notice requirements.
  • Civil actions.
  • The disclosure of video tape rental or sale records.