REAP Act of 2013

Summary: Reasonable Expectation of American Privacy Act of 2013 or the REAP Act of 2013 - Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of electronic communication service or remote computing service to the public from knowingly divulging subscriber or customer password information to any person or entity. Provides exceptions from such prohibition to authorize such providers to disclose password information if it is:  required by the government pursuant to a warrant; divulged with the customer's consent;  incident to the rendition of the service or to the protection of the rights or property of the service provider;  provided to the National Center for Missing and Exploited Children; or  divulged to the government if the provider believes that an emergency involving danger of death or serious physical injury requires disclosure without delay of password information relating to the emergency.  Revises procedures under which the government may require such providers to disclose the contents of wire or electronic communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored&nbsp;for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service or a remote computing service.  Requires the government to obtain a warrant from a court to require such providers to disclose the content of such communications with the same standards applying regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service. (Currently, when such communications have been stored for more than 180 days by an electronic communication service, or for any period of time by a remote computing service, the government may obtain the contents without required notice to the customer or subscriber when using a warrant; with prior notice or delayed notice using an administative, grand jury, or trial subpoena; or with prior notice or delayed notice under a court order when there are reasonable grounds to believe the contents are relevant and material to an ongoing criminal investigation.) Permits the government to require the disclosure of customer or subscriber password information under similar warrant procedures. Prohibits password information from being included in a request by the Federal Bureau of Investigation (FBI) for subscriber information, toll billing information, or electronic communication transactional records for counterintelligence purposes.  Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to exclude password information from the categories of tangible things (commonly referred to as business records) that the FBI may request in an application to a FISA court for a production order in an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reasonable Expectation of American 
Privacy Act of 2013'' or the ``REAP Act of 2013''.

SEC. 2. INCREASED PROTECTIONS RELATING TO VOLUNTARY DISCLOSURE OF 
              PASSWORD INFORMATION.

    Section 2702 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``subsection (b) or (c)'' and inserting 
                ``subsection (b), (c), or (d)'';
                    (B) in paragraph (2), by striking ``and'' at the 
                end;
                    (C) in paragraph (3)--
                            (i) by inserting after ``(not including the 
                        contents of communications covered by paragraph 
                        (1) or (2)'' the following: ``, or the password 
                        information covered by paragraph (4)''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (D) by inserting after paragraph (3) the following:
            ``(4) a person or entity providing an electronic 
        communication service or a remote computing service to the 
        public shall not knowingly divulge to any person or entity the 
        password information pertaining to a subscriber or customer of 
        such service.'';
            (2) in subsection (c), by inserting after ``(not including 
        the contents of communications covered by subsection (a)(1) or 
        (2)'' the following: ``, or the password information covered by 
        subsection (a)(4)'';
            (3) by redesignating subsection (d) as subsection (e);
            (4) by inserting after subsection (c) the following:
    ``(d) Exceptions for Disclosure of Password Information.--A 
provider described in subsection (a) may divulge the password 
information pertaining to a subscriber or customer of such service--
            ``(1) as otherwise authorized in 2703 of this title;
            ``(2) with the lawful consent of the subscriber or 
        customer;
            ``(3) as may be necessarily incident to the rendition of 
        the service or to the protection of the rights or property of 
        the provider of that service;
            ``(4) to the National Center for Missing and Exploited 
        Children, in connection with a report submitted thereto under 
        section 2258A; or
            ``(5) to a governmental entity, if the provider, in good 
        faith, believes that an emergency involving danger of death or 
        serious physical injury to any person requires disclosure 
        without delay of password information relating to the 
        emergency.''; and
            (5) in subsection (e), as so redesignated, by inserting 
        after ``subsection (b)(8)'' each place it appears, the 
        following: ``or (d)(5)''.

SEC. 3. INCREASED PROTECTIONS RELATING TO REQUIRED DISCLOSURE OF 
              CUSTOMER COMMUNICATIONS AND PASSWORD INFORMATION.

    (a) In General.--Section 2703 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by inserting after ``A 
                governmental entity may require the disclosure by a 
                provider of electronic communication service'' the 
                following: ``or remote computing service'';
                    (B) by striking ``in an electronic communications 
                system for one hundred and eighty days or less''; and
                    (C) by striking the second sentence;
            (2) by amending subsection (b) to read as follows:
    ``(b) Password Information.--A governmental entity may require a 
provider of electronic communication service or remote computing 
service to disclose the password information pertaining to a subscriber 
or customer of such service only pursuant to a warrant issued using the 
procedures described in the Federal Rules of Criminal Procedure (or in 
the case of a State court, issued using State warrant procedures) by a 
court of competent jurisdiction.'';
            (3) in subsection (c)(1), by inserting after ``(not 
        including the contents of communications'' the following: ``or 
        the password information pertaining to a subscriber or customer 
        of such service''; and
            (4) in subsection (d), by striking ``subsection (b) or 
        (c)'' and inserting ``subsection (c)''.
    (b) Conforming Amendments.--Chapter 121 of title 18, United States 
Code, is amended--
            (1) in section 2701(c)(3), by striking ``, 2704,'';
            (2) by repealing sections 2704 and 2705; and
            (3) in section 2706, by striking ``section 2702, 2703, or 
        2704'' and inserting ``section 2702 or 2703''.

SEC. 4. PASSWORD INFORMATION EXCLUDED FROM TRANSACTIONAL RECORDS 
              AVAILABLE PURSUANT TO A COUNTERINTELLIGENCE REQUEST.

    Section 2709 of title 18, United States Code, is amended by 
inserting after subsection (f), the following:
    ``(g) Password Information.--A request made pursuant to subsection 
(b) for electronic communication transactional records may not include 
a request for the password information pertaining to a subscriber or 
customer of a provider of electronic communication service or remote 
computing service.''.

SEC. 5. PASSWORD INFORMATION EXCLUDED FROM TANGIBLE THINGS REQUIRED TO 
              BE PRODUCED THROUGH A FISA COURT ORDER.

    Section 501(a)(1) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861(a)(1)) is amended by inserting after ``tangible 
things (including books, records, papers, documents, and other items'' 
the following: ``, but not including password information pertaining to 
a customer or subscriber of a provider of electronic communication 
service or remote computing service (as such terms are defined in 
section 2510 and 2711 of title 18, United States Code, respectively)''.