[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6001 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 6001
To amend title 18, United States Code, to require law enforcement
officials to obtain a warrant before accessing data stored in cars, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2021
Mr. Khanna (for himself and Mr. Meijer) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to require law enforcement
officials to obtain a warrant before accessing data stored in cars, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Closing the Warrantless Digital Car
Search Loophole Act of 2021''.
SEC. 2. VEHICLE DATA.
(a) In General.--Part I of title 18, United States Code, is amended
by adding at the end the following:
``CHAPTER 124--ACCESSING VEHICLE DATA.
``Sec.
``2730. Definitions.
``2731. Prohibition on access to vehicle data.
``2732. Prohibition on use of acquired information as evidence.
``Sec. 2730. Definitions
``In this chapter:
``(1) Access.--The term `access'--
``(A) means any retrieval of covered vehicle data,
regardless of--
``(i) whether the data is obtained as the
information is being produced or from digital
storage; and
``(ii) where the vehicle data is stored or
transmitted, including by wire or radio; and
``(B) does not include data covered by chapter 119
or section 104 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1804).
``(2) Consent.--The term `consent'--
``(A) means an affirmative, express, and voluntary
agreement that--
``(i) states that the person providing the
consent is providing consent to a government
official to access the digital contents, access
credential, or online account information, or
other information being sought;
``(ii) specifies the type of content,
access credential, or online account
information the person is providing access to;
``(iii) specifies the time period of the
covered vehicle data to be accessed;
``(iv) informs the person providing consent
that consent is optional and that the
government official attempting to obtain
consent must otherwise acquire a warrant if
consent is not obtained;
``(v) does not involve sanctions or the
threat of sanctions for withholding consent;
and
``(vi) uses clear, simple, and
comprehensible language that is presented in a
way that is accessible to the person providing
consent; and
``(B) does not include consent obtained through
agreement to a generic privacy policy.
``(3) Covered vehicle data.--The term `covered vehicle
data'--
``(A) means all onboard and telematics data
generated by, processed by, or stored on a
noncommercial vehicle using computing, storage and
communication systems installed, attached to, or
carried in the vehicle, including diagnostic data,
entertainment system data, navigation data, images or
data captured by onboard sensors, or cameras, including
images or data used to support automated features or
autonomous driving, internet access, and communication
to and from vehicle occupants;
``(B) includes data gathered by event data
recorders; and
``(C) does not include--
``(i) automotive software installed by the
manufacturer, as defined by applicable industry
standards or regulations;
``(ii) any data subject to chapter 119 or
section 104 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804); or
``(iii) data that is collected from outside
the vehicle, including speed data and
geolocation data, for purposes of traffic, law
enforcement, or toll collection.
``(4) Event data recorder.--The term `event data recorder'
has the meaning given the term in section 563.5 of title 49,
Code of Federal Regulations (as in effect on March 5, 2019).
``(5) Investigative or law enforcement officer.--The term
`investigative or law enforcement officer' means any officer of
the United States or of a State or political subdivision
thereof and any Tribal justice official, who is empowered by
law to execute searches, to seize evidence, or to make arrests
for a violation of Federal or State law.
``(6) Noncommercial vehicle.--The term `noncommercial
vehicle' has the meaning given the term `non-CMV' in section
383.5 of title 49, Code of Federal Regulations.
``(7) State.--The term `State' means any State of the
United States, the District of Columbia, and any territory or
possession of the United States.
``(8) Vehicle operator.--The term `vehicle operator'
means--
``(A) a person who controls the operation of a
vehicle at the time consent is sought; and
``(B) with respect to a vehicle that is not
classified as a highly autonomous vehicle by the
Secretary of Transportation, the driver of the vehicle.
``Sec. 2731. Prohibition on access to vehicle data
``(a) In General.--Except as provided in subsection (b), an
investigative or law enforcement officer may not access covered vehicle
data unless pursuant to a warrant issued in accordance with the
procedures described in rule 41 of the Federal Rules of Criminal
Procedure (or, in the case of a State court, issued using State warrant
procedures) by a court of competent jurisdiction, or as otherwise
provided in this chapter or sections 104 and 303 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804, 1823).
``(b) Exceptions.--
``(1) Consent.--
``(A) In general.--An investigative or law
enforcement officer may access covered vehicle data
if--
``(i) the vehicle operator provides prior
consent to such access; and
``(ii) no passenger 14 years of age or
older objects to the access.
``(B) Vehicle owner.--If the vehicle operator
cannot be located with reasonable effort, the vehicle
owner or, in the case of a leased vehicle, the lessee,
may provide consent under this paragraph.
``(C) Unlawful possession.--No individual may
provide or withhold consent under this paragraph or
object to another individual accessing covered vehicle
data if the individual--
``(i) is the vehicle operator who is in
unlawful possession of the vehicle; or
``(ii) is a passenger who unlawfully
obtained access to the vehicle.
``(D) Oral consent.--Consent provided under this
paragraph shall be in writing unless--
``(i) the person providing the consent
requests that the consent be made orally; and
``(ii) the request for consent and the
consent are recorded.
``(E) Consent of vehicle operator.--If the vehicle
operator is not the owner of the vehicle and provides
consent under this paragraph, the consent is valid only
with respect to covered vehicle data generated during
the lawful possession and use of the vehicle by the
vehicle operator.
``(2) Emergency.--
``(A) In general.--An investigative or law
enforcement officer, the Attorney General, the Deputy
Attorney General, the Associate Attorney General, or
the principal prosecuting attorney of any State or
subdivision thereof acting pursuant to a statute of
that State, may access covered vehicle data if--
``(i) such officer reasonably determines
that an emergency situation exists that--
``(I) involves immediate danger of
death or serious physical injury to any
person; and
``(II) requires access to covered
vehicle data before such officer can,
with due diligence, obtain a warrant;
``(ii) there are grounds upon which a
warrant could be granted to authorize such
access; and
``(iii) an application for a warrant
approving such access is submitted to a court
within 48 hours after the access has occurred
or begins to occur.
``(B) Denial.--If an application for a warrant
submitted pursuant to subparagraph (A)(iii) is denied,
any covered vehicle data accessed under this paragraph
shall be treated as having been obtained in violation
of this chapter.
``(3) Event data recorder for motor vehicle safety.--In
addition to the exceptions in paragraphs (1) and (2), data
recorded or transmitted by an event data recorder may be
accessed from a noncommercial vehicle if authorized by
paragraph (3), (4), or (5) of section 24302(b) of the Driver
Privacy Act of 2015 (49 U.S.C. 30101 note).
``(4) Rule of construction.--Nothing in this section shall
be interpreted to require the transmission or storage of data
that is not otherwise transmitted or stored, or the retrieval
of data that is not generally retrievable.
``Sec. 2732. Prohibition on use of acquired information as evidence
``(a) In General.--If any covered vehicle data has been acquired in
violation of this chapter, no part of such information and no evidence
derived therefrom may be received in evidence in any trial, hearing, or
other proceeding in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or other
authority of the United States, a State, or a political subdivision
thereof.
``(b) Probable Cause.--No data described in section 2731(b)(3) may
be used to establish probable cause.''.
(b) Technical and Conforming Amendments.--
(1) Driver privacy act of 2015.--Section 24302 of the
Driver Privacy Act of 2015 (49 U.S.C. 30101 note) is amended--
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``Data'' and inserting
``Except as provided in subsection (c), data''; and
(B) by adding at the end the following:
``(c) Investigative or Law Enforcement Officers.--An investigative
or law enforcement officer may only access or retrieve data recorded or
transmitted by an event data recorder described in subsection (a) in
accordance with chapter 124 of title 18, United States Code.''.
(2) Table of chapters.--The table of chapters for part 1 of
title 18, United States Code, is amended by adding at the end
the following:
``124. Accessing vehicle data............................... 2730''.
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