S1421-118

Reported

To require origin and location disclosure for new products of foreign origin offered for sale on the internet.

118th Congress Introduced May 3, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill reforms how the government can obtain gag orders preventing tech companies from telling customers about surveillance requests. It requires courts to make written findings before issuing such orders, limits them to 90 days (with possible extensions), and mandates annual public reporting on surveillance activities.

Who Benefits and How

Individuals subject to government surveillance benefit from stronger judicial oversight and time limits on secrecy. News media and journalists receive explicit protections with reporting on orders affecting First Amendment activities. Electronic service providers (tech companies) gain clearer rules and are no longer required to notify the government when gag orders expire.

Who Bears the Burden and How

The Department of Justice and federal prosecutors face new procedural requirements including written findings of fact and less restrictive alternative analysis. Courts must individually review each warrant before issuing gag orders. The Attorney General must compile and publish annual transparency reports.

Key Provisions

  • Limits gag orders to 90-day periods requiring written judicial findings based on specific and articulable facts
  • Requires courts to consider less restrictive alternatives before granting gag orders
  • Mandates annual public reporting on surveillance warrants, gag orders, and outcomes including data on news media affected

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Reforms delayed notice and gag order procedures for government surveillance warrants, requiring judicial oversight, time limits, and annual transparency reporting

Key Policy Areas

Civil Liberties, Criminal Justice, Technology, Privacy

Primary Purpose

Reforms delayed notice and gag order procedures for government surveillance warrants, requiring judicial oversight, time limits, and annual transparency reporting

Policy Domains

Civil Liberties Criminal Justice Technology Privacy

Main Act - Delayed Notice Reform

Identified Gains
Contextual inference, no direct clause citation
  • Individuals subject to government surveillance
  • News media and journalists
  • Electronic communications service providers
  • Civil liberties advocates
Model: N/A | Version: bill_summary_v2 | Source: rs

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Department of Justice
  • Federal prosecutors
  • Federal courts
  • Attorney General
Model: N/A | Version: bill_summary_v2 | Source: rs

Contextual inference, no direct clause citation

Legislative Progress

Reported
Introduced Committee Passed
Dec 13, 2023

Reported by Ms. Cantwell, with an amendment

May 3, 2023

Ms. Baldwin (for herself, Mr. Vance, Mr. Scott of Florida, …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Electronic Shopping And Mail-Order Houses
8 mentions across 2 clauses
+2 positive -6 negative

E-commerce retailers selling foreign products, Online marketplaces (Amazon, eBay, etc.), Online stores selling foreign products

Positive-direction: Small online sellers (under 20k annual sales), Small sellers (under 20k annual/200 transactions)

Negative-direction: E-commerce retailers selling foreign products, Online marketplaces (Amazon, eBay, etc.), Online stores selling foreign products, Third-party sellers on online marketplaces

Government
3 mentions across 2 clauses
-3 negative

Customs and Border Protection, Federal Trade Commission

Trade
2 mentions across 2 clauses
-2 negative

Foreign product importers and distributors, Product manufacturers and importers

Consumers
2 mentions across 2 clauses
+2 positive

Online consumers

4/5
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Civil Liberties Criminal Justice Privacy
Actor Mappings
"the_court"
→ Federal district courts
"the_provider"
→ Electronic communications service or remote computing service providers
"governmental_entity"
→ Federal law enforcement agencies seeking surveillance warrants
"the_attorney_general"
→ Attorney General of the United States

Key Definitions

Terms defined in this bill

2 terms
"section 2703 warrant/order/subpoena" §2703

Government requests for stored communications and customer records from electronic service providers under the Stored Communications Act

"delayed notice/preclusion of notice" §2705

Court orders allowing government to delay or prevent notification to customers about surveillance requests

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology