What changed between these versions
A small clarification and technical refinement. v2 modifies the language regarding Tribal court warrant procedures from "described in" to "comply with" the Indian Civil Rights Act, offering greater flexibility. It also includes several technical adjustments to amendment instructions and numerical formatting, alongside a clarification to explicitly include political subdivisions of Indian Tribes in civil action provisions.
Overview
A handful of technical and clarifying changes. · v2 clarifies and refines the operative language, particularly concerning Tribal court warrant procedures and the scope of entities covered, without altering the bill's core policy direction.
The primary change in v2 is a clarification of the standard for Tribal court warrants under the Stored Communications Act, shifting from requiring the use of "described" procedures to requiring procedures that "comply with" the Indian Civil Rights Act. Additionally, v2 includes several technical adjustments to ensure consistent language and proper amendment instructions across various subsections. It also explicitly expands the scope of entities that can bring civil actions for wrongful disclosure to include political subdivisions of Indian Tribes. The core intent of granting Tribal courts competent jurisdiction remains unchanged.
Modifications
Ensures correct grammatical structure of the list of courts of competent jurisdiction, maintaining proper legislative drafting standards without altering the substantive meaning.
Before
The original subparagraph (C), which was redesignated as (D), would have ended with "and".
After
The redesignated subparagraph (D) now has the "and" struck, as a new subparagraph (C) has been inserted before it.
Provides Tribal courts with potentially greater flexibility in developing their specific warrant procedures, as long as those procedures meet the compliance standards of the Indian Civil Rights Act, rather than strictly adhering to a "described" set of procedures.
Before
Required Tribal court warrants for electronic communication disclosure to be "issued using the warrant procedures described in" the Indian Civil Rights Act.
After
Requires Tribal court warrants to be "issued using warrant procedures that comply with" the Indian Civil Rights Act.
No substantive change to the law; purely a stylistic update to align with common legislative drafting practices for numerical expressions.
Before
Referred to a storage duration of "one hundred and eighty days".
After
Refers to a storage duration of "180 days".
Achieves the same substantive outcome as v1, which is to include "Tribal" courts in the specified list for certain disclosures, but with a more precise and standard method of legislative amendment.
Before
The amendment instruction directed inserting ", Tribal," after "a Federal" in the list of courts.
After
The amendment instruction directs striking "or State" and inserting ", State, or Tribal" in the list of courts.
Achieves the same substantive outcome as v1, which is to include "Tribal" governmental entities in the specified list for certain disclosures, but with a more precise and standard method of legislative amendment.
Before
The amendment instruction directed inserting ", Tribal," after "a Federal" in the list of governmental entities.
After
The amendment instruction directs striking "or State" and inserting ", State, or Tribal" in the list of governmental entities.
Achieves the same substantive outcome as v1, which is to include "Tribal" governmental entities in the specified list for delayed notice provisions, but with a more precise and standard method of legislative amendment.
Before
The amendment instruction directed inserting ", Tribal," after "a Federal" in the list of governmental entities for delayed notice provisions.
After
The amendment instruction directs striking "or State" and inserting ", State, or Tribal" in the list of governmental entities for delayed notice provisions.
Similar to the change in Section 2(b)(1)(A), this provides Tribal courts with potentially greater flexibility in developing their specific warrant procedures for video record disclosures, provided they comply with the Indian Civil Rights Act.
Before
Required Tribal court warrants for video tape rental/sale record disclosure to be "issued by a Tribal court using the warrant procedures described in" the Indian Civil Rights Act.
After
Requires Tribal court warrants to be "issued by a Tribal court using warrant procedures that comply with" the Indian Civil Rights Act.
Broadens the scope of governmental entities explicitly authorized to bring civil actions for wrongful disclosure of video tape rental or sale records to include political subdivisions of Indian Tribes, ensuring comprehensive coverage consistent with the bill's overall intent.
Before
The amendment instruction directed striking "or a political subdivision of a State" and inserting "a political subdivision of a State, or an Indian Tribe" in the list of entities that can bring a civil action.
After
The amendment instruction directs striking "a State, or a political subdivision of a State" and inserting "a State or a political subdivision thereof, or an Indian Tribe or a political subdivision thereof" in the list of entities that can bring a civil action.