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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5018 Introduced in House (IH)]

106th CONGRESS
  2d Session
                                H. R. 5018

To amend title 18, United States Code, to modify certain provisions of 
   law relating to the interception of communications, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

 Mr. Canady of Florida (for himself and Mr. Hutchinson) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend title 18, United States Code, to modify certain provisions of 
   law relating to the interception of communications, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Communications Privacy 
Act of 2000''.

SEC. 2. EXCLUSIONARY RULE.

    Section 2515 of title 18, United States Code, is amended--
            (1) by striking ``wire or oral communication'' and 
        inserting ``wire, oral, or electronic communication'';
            (2) by inserting ``, or any stored electronic communication 
        has been disclosed,'' after ``has been intercepted''; and
            (3) by inserting ``or chapter 121'' after ``this chapter''.

SEC. 3. REPORTS CONCERNING THE DISCLOSURE OF STORED ELECTRONIC 
              COMMUNICATIONS.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Reports Concerning the Disclosure of Stored Electronic 
Communications.--
            (1) Within thirty days after the expiration of an order (or 
        each extension thereof) entered under subsection (d), or the 
        denial of an order approving a disclosure of stored electronic 
        communications, the issuing or denying judge shall report to 
        the Administrative Office of the United States Courts--
                    (A) the fact that an order or extension was applied 
                for;
                    (B) the kind of order or extension applied for;
                    (C) the fact that the order or extension was 
                granted as applied for, was modified, or was denied;
                    (D) the period of disclosures authorized by the 
                order, and the number and duration of any extensions of 
                the order;
                    (E) the offense specified in the order or 
                application, or extension of an order;
                    (F) the identity of the applying investigative or 
                law enforcement officer and agency making the 
                application and the person authorizing the application; 
                and
                    (G) the nature of the facilities from which or the 
                place where stored electronic communications were to be 
                disclosed.
            (2) In January of each year the Attorney General, an 
        Assistant Attorney General specially designated by the Attorney 
        General, or the principal prosecuting attorney of a State, or 
        the principal prosecuting attorney for any political 
        subdivision of a State, shall report to the Administrative 
        Office of the United States Courts--
                    (A) the information required by subparagraphs (A) 
                through (G) of paragraph (1) of this section with 
                respect to each application for an order or extension 
                made during the preceding calendar year;
                    (B) a general description of the disclosures made 
                under such order or extension, including--
                            (i) the approximate nature and frequency of 
                        incriminating communications disclosed;
                            (ii) the approximate nature and frequency 
                        of other communications disclosed;
                            (iii) the approximate number of persons 
                        whose communications were disclosed; and
                            (iv) the approximate nature, amount, and 
                        cost of the manpower and other resources used 
                        in the disclosures;
                    (C) the number of arrests resulting from 
                disclosures made under such order or extension, and the 
                offenses for which arrests were made;
                    (D) the number of trials resulting from such 
                disclosures;
                    (E) the number of motions to suppress made with 
                respect to such disclosures, and the number granted or 
                denied;
                    (F) the number of convictions resulting from such 
                disclosures and the offenses for which the convictions 
                were obtained and a general assessment of the 
                importance of the disclosures;
                    (G) the approximate number of persons whose 
                communications were disclosed and who were not charged 
                with a crime; and
                    (H) the information required by subparagraphs (B) 
                through (G) of this paragraph with respect to orders or 
                extensions obtained in a preceding calendar year.
            (3) In April of each year the Director of the 
        Administrative Office of the United States Courts shall 
        transmit to the Congress a full and complete report concerning 
        the number of applications for orders authorizing or approving 
        the disclosure of stored electronic communications pursuant to 
        this chapter and the number of orders and extensions granted or 
        denied pursuant to this chapter during the preceding calendar 
        year. Such report shall include a summary and analysis of the 
        data required to be filed with the Administrative Office by 
        paragraphs (1) and (2) of this section. The Director of the 
        Administrative Office of the United States Courts is authorized 
        to issue binding regulations dealing with the content and form 
        of the reports required to be filed by paragraphs (1) and (2) 
        of this section.

SEC. 4. PEN REGISTERS.

    (a) Application.--Section 3122(b)(2) of title 18, United States 
Code, is amended to read as follows:
            ``(2) a showing by the applicant that the requirements of 
        section 3123 have been met.''.
    (b) Issuance of Order.--Section 3123 of title 18, United States 
Code, is amended--
            (1) in subsection (a), by inserting ``, except that such 
        order shall not be entered if the pen register or trap and 
        trace device identifies an e-mail address unless the court 
        finds that specific and articulable facts reasonably indicate 
        that a crime has been, is being, or will be committed, and 
        information likely to be obtained by such installation and use 
        is relevant to an investigation of that crime'' before the 
        period at the end; and
            (2) in subparagraphs (A) and (C) of subsection (b)(1), by 
        striking ``telephone'' and inserting ``transmission''.
    (c) Definitions.--Section 3127 of title 18, United States Code, is 
amended--
            (1) in paragraph (3), by inserting ``or which identify the 
        e-mail address transmitted'' after ``attached''; and
            (2) in paragraph (4), by inserting ``, or which identify an 
        e-mail address'' after ``transmitted''.
                                 <all>
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