Bill Sponsor
House Bill 4368
116th Congress(2019-2020)
Justice in Forensic Algorithms Act of 2019
Introduced
Introduced
Introduced in House on Sep 17, 2019
Overview
Text
Introduced
Sep 17, 2019
Latest Action
Oct 2, 2019
Origin Chamber
House
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
4368
Congress
116
Policy Area
Crime and Law Enforcement
Crime and Law Enforcement
Primary focus of measure is criminal offenses, investigation and prosecution, procedure and sentencing; corrections and imprisonment; juvenile crime; law enforcement administration. Measures concerning terrorism may fall under Emergency Management or International Affairs policy areas.
Sponsorship by Party
Democrat
California
Democrat
Pennsylvania
House Votes (0)
Senate Votes (0)
No House votes have been held for this bill.
Summary

Justice in Forensic Algorithms Act of 2019

This bill establishes federal standards and procedures for the use of computational forensic software. (Computational forensic software refers to software that relies on an automated or semiautomated computational process to process, analyze, or interpret evidence.) It also prohibits the use of trade secret protections to prevent criminal defendants from accessing evidence.

First, the National Institute of Standards and Technology (NIST) must establish the Computational Forensic Algorithm Standards for the development and use of computational forensic software. These standards must, among other things, address requirements related to software testing and reporting to criminal defendants on the use and results of software in their cases.

Further, NIST must establish the Computational Forensic Algorithm Testing Program. The testing program must, among other things, test individual software programs using NIST standards. Federal law enforcement agencies and related crime laboratories must comply with these NIST standards and testing requirements in their use of computational forensic software.

In addition, criminal defendants must receive information resulting from analysis by computational forensic software, including access to the software for testing purposes.

Evidence resulting from computational forensic software is only admissible in a criminal case if (1) the software was submitted to the NIST testing program, and (2) the software developers and users waive their legal claims against the defense for the purposes of the defense analyzing or testing such software.

The bill also prohibits the use of trade secret protections when a criminal defendant would otherwise be entitled to obtain evidence.

Text (1)
September 17, 2019
Actions (3)
10/02/2019
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
09/17/2019
Referred to the Committee on the Judiciary, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
09/17/2019
Introduced in House
Public Record
Record Updated
Nov 1, 2022 1:49:59 PM