Tribal courts could issue warrants for electronic evidence

A tribal court may issue a warrant for certain electronic records that a government agency can require a service provider to disclose. The term Indian Tribe covers tribes on the Interior Department’s most recent official list, including Alaska Native tribes. A governmental entity includes a tribe or its political subdivisions. The tribal court must have general criminal jurisdiction, and tribal law must authorize it to issue search warrants. The warrant must follow procedures that meet the stated Indian Civil Rights Act safeguards. For communications kept in electronic storage for 180 days or less, the agency may require disclosure only under a warrant. The text also updates rules for communications kept longer than 180 days.

A tribal court warrant may be used to seek certain video rental or sale records. This provision concerns records about renting or buying video tapes. The warrant must follow procedures that meet the stated Indian Civil Rights Act safeguards.