S3023119th Congress

Safe Cloud Storage Act

Sponsored By: Senator Sen. Blackburn, Marsha [R-TN]

In Committee

Summary

Would create a limited-liability framework for vetted cloud vendors to store and manage child sexual abuse material for law enforcement while imposing strict security and retention rules. It would let agencies contract with approved vendors for storage, forensic processing, and technical support while setting strict controls on access and handling.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Evidence retention and agency duties

If enacted, covered agencies that store child pornography or child obscenity under these contracts would have to keep the material under FBI Criminal Justice Information Services security rules or a similar FBI policy. If no such policy applies, agencies would have to retain the material for at least the length of the applicable statute of limitations or any sentence, including post-conviction review. The bill would also make clear it does not limit normal investigative or prosecutorial uses, court orders, or victim requests under 18 U.S.C. 3509(m)(3).

Limits vendor liability for contracts

If enacted, the bill would bar most civil suits and criminal charges against an approved vendor for performing the contracted storage, access, and support duties described in the approved-vendor definition. Suits and charges would still be allowed if the vendor committed intentional misconduct, was negligent, acted with actual malice, acted with reckless disregard to a substantial risk of injury without legal justification, or acted for a purpose unrelated to the contract.

Defines approved cloud vendors

If enacted, the bill would create a new legal category called an "approved vendor." An approved vendor would be a digital storage provider that a Federal, State, or local law enforcement or prosecutorial agency contracts to store, give access to, and provide technical and forensic support for child pornography or child obscenity. "Child pornography" would be defined by reference to 18 U.S.C. 2256. The bill would also say which Federal, State, and local agencies count as covered agencies.

New security and notice rules

If enacted, approved vendors that store child pornography or child obscenity for law enforcement would face strict security and notice rules. Vendors would have to follow the latest NIST Cybersecurity Framework (or a successor), use end-to-end encryption or an equivalent, limit and record who can access the material, and get an independent cybersecurity audit each year and fix any problems. Vendors would generally have to keep the material in the United States unless the contracting agency expressly allows an overseas transfer for an investigation. Vendors would also have to tell the Justice Department's Criminal Division within 30 days after signing a covered contract and must notify DOJ or the relevant State attorney general within 30 days if the contracting agency fails to pay, breaches a material term, or terminates without lawfully transferring custody; the vendor must preserve the evidence until lawful transfer.

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Sponsors & CoSponsors

Sponsor

Sen. Blackburn, Marsha [R-TN]

TN • R

Cosponsors

  • Amy Klobuchar

    MN • D

    Sponsored 10/21/2025

  • Sen. Cornyn, John [R-TX]

    TX • R

    Sponsored 10/21/2025

  • Richard Blumenthal

    CT • D

    Sponsored 10/21/2025

  • Katie Britt

    AL • R

    Sponsored 12/9/2025

  • Sen. Coons, Christopher A. [D-DE]

    DE • D

    Sponsored 12/9/2025

  • Sen. Lee, Mike [R-UT]

    UT • R

    Sponsored 1/8/2026

  • Sen. Moody, Ashley [R-FL]

    FL • R

    Sponsored 2/5/2026

  • Raphael Warnock

    GA • D

    Sponsored 3/26/2026

Roll Call Votes

No roll call votes available for this bill.

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