S 1574119th CongressIn Committee

Tribal Access to Electronic Evidence Act

Introduced: May 1, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

Tribal Access to Electronic Evidence Act would explicitly recognize Tribal courts as courts of competent jurisdiction under the Stored Communications Act (SCA). The bill expands who can issue warrants for accessing stored electronic communications and related records, adding Tribal courts to the list of authorized fora alongside federal, state, and military courts. It also modifies definitions and procedures to ensure tribal warrants follow a process modeled on the Indian Civil Rights Act of 1968 (ICRA). In short, the bill empowers Tribal authorities to obtain electronic evidence and related records from service providers under the same framework already used by federal and state authorities, subject to tribal procedures and safeguards.

Key Points

1Adds Tribal courts to the list of courts that can issue warrants under the SCA for contents stored for 180 days or less, using warrant procedures described in the Indian Civil Rights Act (ICRA) section 202(a)(2).
2Expands the definition of “governmental entity” to include Indian Tribes or their political subdivisions; defines “Tribal court” as a court with general criminal jurisdiction authorized to issue search warrants.
3Revises 18 U.S.C. 2703 (and related subsections) to treat Tribal courts as competent fora for obtaining access to stored communications or records, including for storage longer than 180 days under the appropriate framework.
4Adds “Tribal” to delayed notice provisions (2705) and to Civil Action provisions (2707(g)).
5Extends the statutory framework for wrongful disclosure of video rental or sale records to recognize warrants issued by Tribal courts under the ICRA procedures; clarifies tribal status in related definitions.

Impact Areas

Primary group/area affected: Individuals and entities whose electronic communications or rental/sale records are stored by providers and may be sought by Tribal authorities on tribal lands; tribal governments and justice systems.Secondary group/area affected: Electronic communications service providers (e.g., ISPs, cloud services) and other entities holding electronic records; state and federal authorities coordinating with tribal courts.Additional impacts: Potential shifts in privacy protections and due process depending on tribal court practices; heightened cooperation between tribal, federal, and state jurisdictions; possible need for providers to navigate multiple warrant procedures (federal, state, tribal) for data held or stored in tribal areas. May affect cross-jurisdiction data requests and the practical operations of law enforcement on tribal lands.“Tribal court” means a tribal court with broad criminal jurisdiction that can issue search warrants.“Governmental entity” for these provisions includes Indian Tribes and their political subdivisions, not just federal or state governments.The Indian Civil Rights Act of 1968 procedures are referenced as the model for Tribal warrants, meaning tribal warrants would follow tribal rules similar to those under ICRA rather than exclusively federal or state rules.This is an introduced Senate bill (S. 1574) during the 119th Congress, sponsored by Senator Catherine Cortez Masto (and co-sponsored by Senator Mike Rounds). It has not been enacted into law as of the provided text.

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