Tribal Access to Electronic Evidence Act
Sponsored By: Senator Sen. Cortez Masto, Catherine [D-NV]
Introduced
Summary
Gives Tribal courts authority to issue warrants for electronic communications and stored data. It would amend the Stored Communications Act to fold Tribal courts and Tribal governments into the legal framework for warrants, delayed notice, and civil remedies, and allow Tribal warrants for electronic content in short-term storage under Tribal procedures aligned with the Indian Civil Rights Act.
Show full summary
- Tribal courts and Tribal governments: Tribal courts would be treated as courts of competent jurisdiction for SCA warrants and Tribal governments would be listed among entities that can obtain compelled access.
- Short-term electronic storage: Tribal courts could issue warrants for electronic communications stored for 180 days or less using individualized warrant procedures tied to the Indian Civil Rights Act.
- Notice and civil claims: The bill would add Tribal status to delayed-notice rules and to civil action provisions, bringing Tribal jurisdictions into SCA notice and remedy processes.
- Data holders and providers: Companies that store electronic communications would face Tribal court warrants under the same SCA warrant framework as State and Federal courts.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Tribal access to electronic evidence
This bill would bring Tribal courts and Tribal governments into many Stored Communications Act rules. It would require a court warrant to get the contents of electronic communications stored 180 days or less, and Tribal courts could issue those warrants if they follow the Indian Civil Rights Act warrant steps. The bill would add Tribes and Tribal courts to the SCA definitions, let Tribal actors use delayed‑notice orders, and allow Tribal warrants to obtain video rental or sale records. If enacted, these changes would take effect on enactment.
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Sponsors & CoSponsors
Sponsor
Sen. Cortez Masto, Catherine [D-NV]
NV • D
Cosponsors
Mike Rounds
SD • R
Sponsored 5/1/2025
Markwayne Mullin
OK • R
Sponsored 2/24/2026
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 3/2/2026
Roll Call Votes
No roll call votes available for this bill.
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