Under current federal law, Tribal law enforcement cannot compel internet companies to turn over stored electronic records the same way state and federal courts can — because Tribal courts are not recognized under the Stored Communications Act, the law that governs who can demand digital records. This bill adds Tribal courts to the list of recognized courts that can issue warrants for electronic data, giving Tribal governments the same investigative tools already available to state and federal agencies. Tribal court warrants must follow the warrant procedures established in the Indian Civil Rights Act of 1968. The change covers email, messages, stored files, and other digital content held by communications providers.
Civil Liberties
- Tribal court warrant authority — Tribal courts added as courts that can compel disclosure of stored electronic communications and records
Congressional Summary
Tribal Access to Electronic Evidence ActThis bill allows tribal courts to execute warrants for electronic material.The Stored Communications Act (SCA) generally prohibits providers of electronic communication services (e.g., cell phone providers, email providers, or social media platforms) and remote computing services (e.g., cloud computing providers) from knowingly disclosing stored electronic communications or records (e.g., emails) or information pertaining to customers or subscribers. However, the SCA authorizes governmental entities to compel service providers to disclose electronic communication information through a court-issued warrant, a court order, or an administrative subpoena.This bill gives tribal courts the same authority as other governmental entities (e.g., state courts) to compel service providers to disclose stored electronic communication information through court-issued warrants, court orders, or administrative subpoenas.
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Introduced in Senate
- Action Date
- 2025-05-01
- Date Added
- 2026-06-28
- Source
- Congress.gov →
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