Compliance with Court Orders Act of 2016
To require The provision of data in an intelligible format to a government pursuant to a court order, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Stores Of America in Congress assembled,

SECTION 1. SHORT TITLE. 4 This Act may be cited as the “Compliance with Court Orders Act of 2016”.

6 SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that
(1) no person or entity is above the law;
(2) economic growth, prosperity, security, stability, and liberty require adherence to the rule of law;
(3) the Constitution and laws of the United States provide for the safety, security, and civil liberties of all United States persons and the protections and obligations of these laws apply to all persons within United States jurisdiction;
(4) all providers of communications services or products (including software) should protect the privacy of United States persons through implementation of appropriate data security and still respect the rule of law and comply with all legal requirements and court orders.
(5) to uphold both the rule of law and protect the interests and security of the United States, all persons receiving an authorized judicial order for information or data must provide, in a timely manner, responsive, intelligible information or data, or appropriate technical assistance or obtain such information or data; and
(6) covered entities must provide responsive, intelligible information or data, or appropriate technical assistance to a government pursuant to a court order.

SEC. 3. REQUIREMENT FOR PROVIDING DATA IN AN INTELLIGIBLE FORMAT UPON RECEIPT OF A COURT ORDER.
(a) REQUIREMENT.—
(1) IN GENERAL.—Notwithstanding any other provision of law and except as provided in paragraph (2), a covered entity that receives a court order from a government for information or data shall——
(A) provide such information or data to such government in an intelligible format; or
(B) provide such technical assistance as is necessary to obtain such information or data in an intelligible format or to achieve the purpose of the court order.
(2) SCOPE OF REQUIREMENT.—A covered entity that receives a court order referred to in paragraph (1)(A) shall be responsible only for providing data in an intelligible format if such data has been made unintelligible by a feature, product, or service owned, controlled, created, or provided, by the covered entity or by a third party on behalf of the covered entity.
(3) COMPENSATION FOR TECHNICAL ASSISTANCE—A covered entity that receives a court order from a government as described in paragraph (1) and furnishes technical assistance under subparagraph (B) of such paragraph pursuant to such order shall be compensated for such costs as are reasonably necessary and which have, been directly incurred in providing such technical assistance or such data in an intelligible format.
(b) DESIGN LIMITATIONS——Nothing in this Act may be construed to authorize any government officer to require or prohibit any specific design or operating system to be adopted by any covered entity.
(c) LICENSE DISTRIBUTORS—A provider of remote computing service or electronic communication service to the public that distributes licenses for products, services, applications, or software of or by a covered entity shall ensure that any such products, services, applications, or software distributed by such person be capable of complying with subsection (a).
SEC. 4. DEFINITIONS.
In this Act:
(1) COMMUNICATION IDENTIFYING INFORMATION——The term "communication identifying information” mean dialing, routing, addressing, signaling, switching, processing, transmitting, or other information that—
(A) does not constitute the contents of a connnunication;
(B) identifies or assists in the identification of the origin, direction, destination, date, time, duration, termination, or status of each communication generated, received, or controlled by a user; and
(C) includes the follouing information or the equivalent function thereof:
(i) Public and local source and destination addressing including—
(I) the local network and public Internet Protocol addresses or any similar or successor protocol; and
(II) addressing information that may be dynamically or privately assigned, including port numbers or any successor addressing method.
(ii) Addresses or other information that uniquely identifies the equipment, facility, or service used to access a provider or network by each party to the communication.
(iii) Serviee addresses and identifiers generated or received by each party to the communication.
(iv) Information identifying quantity or quality of the communication, including packet size, quality of service information, or other information from which the size or priority of the communication can be ascertained.
(v) Specification of the time zone as an offset from Coordinated Universal Time (UTC).
(2) COMMUNICATIONS.— The term “communications” has the same meanin: as the terms “wire communication", “oral communication", and “electronic communication" in section 2510 of title 18, United States Code.
(3) COURT ORDER.—The term “court order” means any order or warrant issued by a court of competent jurisdiction.
(4) COVERED ENTITY.—The term “covered entity” means a device manufacturer, a software manufacturer, an electronic communication service, a remote computing service, a provider of wire or electronic communication service, a provider of a remote computing service, or any person who provides a product or method to facilitate a communication or the processing or storage of data.
(5) DATA—The term “data" includes--
(A) communications and any information concerning the identity of the parties to such communications or the existence, substance, purport, or meaning of such communications;
(B) information stored remotely or on a device provided, designed, licensed, or manufactured by a covered entity;
(C) communication identifying information; and
(D) information identifying a specific device.
(6) ELECTRONIC COMMUNICATION SERVICE.-- The term “electronic communication service" has the meaning given such term in section 2510 of title 18, United States Code.
(7) FEATURE.-- The term “feature” means a property or function of a device or software application.
(8) GOVERNMENT.-- The term "government" means the Government of the United States and the government of the District of Columbia, or any commonwealth, territory, or possession of the United States, of an Indian tribe, or of any State or polit- ical subdivision thereof.
(9) INDIAN TRIBE.-- The term “Indian tribe” has the meaning given such term in section 4 of the Indian Self-Deterniination and Education Assistance Act (25 USC. 450b).
(10) INTELLIGIBLE. The term “intelligible”, with respect to information or data, means—
(A) the information or data has never been encrypted, enciphered, encoded, modulated, or obfuscated; or
(B) the information or data has been encrypted, enciphered, encoded, modulated, or obfuscated and then decrypted, deciphered, decoded, demodulated, or deobfuscated to its original form.
(11) REMOTE COMPUTING SERVICE.-- The term “remote computing service” has the meaning given such term in section 2711 of title 18, United States Code.
(12) TECHNICAL ASSISTANCE—The term “technical assistance”, with respect to a covered entity that receives a court order pursuant to a provision of law for information or data described in section 3(a)(1), includes
(A) isolating such information or data;
(B) rendering such information or data in an intelligible format if the information or data has been made unintelligible by a feature, product, or service owned, controlled, created, or provided by the covered entity or by a third party on behalf of the covered entity; and
(C) delivering such information or data—
(i) concurrently with its transmission; or
(ii) expeditiously, if stored by a covered entity or on a device.