Safe Cloud Storage Act

Technology, or any successor thereto; ``(2) only access the child pornography or child obscenity upon consent of the law enforcement or prosecutorial agency contracting the service and for the purpose of providing maintenance, technical assistance, and forensic tool processing support in the cloud; ``(3) minimize the number of employees that may be able to obtain access to such child pornography or child obscenity and maintain a list of employees who have obtained such access; ``(4) employ end-to-end encryption for data storage and transfer functions, or an equivalent technological standard; ``(5) undergo an independent annual cybersecurity audit to determine whether such child pornography or child obscenity is secured as required by paragraph (1), including by assessing compliance with the National Institute of Standards and Technology Special Publication 800-53, Revision 5 (relating to security and privacy controls for information systems and organizations) or any successor documents or revisions; and ``(6) promptly address all issues identified by an audit described in paragraph (5). ``(d) Evidence Storage.--Any covered agency that stores child pornography and child obscenity pursuant to a contract with an approved vendor shall retain such evidence-- ``(1) in compliance with the security policy of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, or any other similar and appropriate division within the Federal Bureau of Investigation; ``(2) for a period consistent with the evidence retention requirements applicable to the investigating or prosecuting covered agency under the relevant Federal, State, or local law, rule of criminal procedure, or prosecutorial policy; or ``(3) in the absence of such law, rule, or policy, for a period not less than the applicable statute of limitations or the duration of any sentence imposed, including the period of post-conviction review. ``(e) Additional Requirements for Approved Vendors.-- ``(1) Location of data.-- ``(A) In general.--Except as provided in subparagraph (B), each approved vendor shall ensure that child pornography and child obscenity stored pursuant to this section remains in the United States. ``(B) Exception.--Child pornography and child obscenity under this section may be transferred outside the United States only with the express consent of the contracting covered agency if such agency deems the transfer necessary for investigative purposes. ``(2) Notification letter.-- ``(A) In general.--Approved vendors shall file a notification letter with the Criminal Division of the Department of Justice not later than 30 days after entering into a contract described in subsection (a)(1)(B). ``(B) Contents.--The notification letter described in subparagraph (A) shall include the entity name and point of contact information of the approved vendor, the name of the contracting covered agency, the period of performance of the contract, and an acknowledgment by the approved vendor that the approved vendor will notify the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice of any changes to the information in the letter. ``(3) Breach of contract.-- ``(A) In general.--If a covered agency fails to make required payment under a contract, breaches any material term of such contract, or otherwise terminates such contract without establishing lawful transfer of the evidence, the approved vendor shall, not later than 30 days after the failure, breach, or termination, notify the Criminal Division of the Department of Justice in the case of a breach by a Federal agency, or the appropriate State attorney general in the case of a breach by a State or local agency. ``(B) Maintenance of evidence.--Upon making a notification under subparagraph (A), the approved vendor shall continue to preserve and maintain the integrity of the evidence until a prompt and lawful transfer of custody occurs to the Criminal Division of the Department of Justice or another Federal, State, or local law enforcement agency with jurisdiction. ``(f) Rule of Construction.--Nothing in this section shall be construed to limit-- ``(1) bona fide use by the contracting covered agency of child pornography or child obscenity being stored by the approved vendor, which includes providing such child pornography or child obscenity to any other party as necessary for an investigation or prosecution; or ``(2) the obligation of the contracting covered agency to comply with a constitutional or statutory obligation, court order, or request from a victim made pursuant to section 3509(m)(3) of title 18, United States Code.''. (b) Clerical Amendment.--Section 1(b) of the PROTECT Our Children Act of 2008 (Public Law 110-401; 122 Stat. 4229) is amended by inserting after the item relating to section 201 the following: ``Sec. 202. Modernizing law enforcement's ability to store child pornography and child obscenity and limited liability for approved vendors.''. <all>