Empowering Law Enforcement to Keep America Safe Act of 2016

Empowering Law Enforcement to Keep America Safe Act of 2016

This bill amends the federal criminal code to expand the categories of subscriber transactional records that the Federal Bureau of Investigation (FBI) may request from wire or electronic communication service providers about a person or entity for an authorized investigation to protect against international terrorism or clandestine intelligence activities.

Under current law, the FBI may request a person's or an entity's name, address, length of service, and telephone toll billing records. The bill allows the FBI to also request:

• email addresses, telephone numbers, instrument numbers, or other account identifying information;
• means and sources of payment (including card or bank account information);
• account numbers, login history, service start dates, or types of services;
• IP addresses or network addresses; or
• communication addressing, routing, or transmission information (excluding cell tower information), session times, or durations for an electronic communication.

The bill prohibits the FBI from requesting the contents of an electronic communication.

The bill also amends the Intelligence Reform and Terrorism Prevention Act of 2004 to make permanent the government's authority to track a non-U.S. person who engages in international terrorism or preparatory activities (commonly referred to as a "lone wolf") under the same evidentiary standards that apply to an agent of a foreign power under the Foreign Intelligence Surveillance Act of 1978. (Currently, this provision is scheduled to expire on December 15, 2019.)