Tribal Access to Electronic Evidence Act

This provision updates the definitions within the Stored Communications Act. It explicitly includes Tribal courts as "courts of competent jurisdiction" and expands the definition of "governmental entity" to encompass Indian Tribes and their subdivisions. It also defines "Indian Tribe" and "Tribal court," specifying that a Tribal court must have general criminal jurisdiction and be authorized to issue search warrants under Tribal law.

This section directly amends 18 U.S.C. 2703, which governs when electronic communication service providers must disclose customer communications or records. It explicitly allows Tribal courts to issue warrants for such disclosures, specifying that these warrants must follow the procedures outlined in section 202(a)(2) of the Indian Civil Rights Act of 1968. This applies to both communications in electronic storage for 180 days or less, and those stored longer, as well as customer records.

These subsections make necessary conforming changes to other parts of the Stored Communications Act. They ensure that Tribal entities are included in provisions related to delayed notice for subscribers when their data is accessed, civil actions that can be brought for wrongful disclosures, and rules governing the disclosure of video tape rental or sale records. This ensures comprehensive integration of Tribal court authority across the relevant sections of the Act.