I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Electronic Communica5 tions Privacy Act of 2000’’.

6 SEC. 2. EXCLUSIONARY RULE.

7 Section 2515 of title 18, United States Code, is

8 amended—
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1 (1) by striking ‘‘wire or oral communication’’

2 and inserting ‘‘wire, oral, or electronic communica3 tion’’;

4 (2) by inserting ‘‘, or any stored electronic com5 munication has been disclosed,’’ after ‘‘has been

6 intercepted’’; and

7 (3) by inserting ‘‘or chapter 121’’ after ‘‘this

8 chapter’’.

9 SEC. 3. REPORTS CONCERNING THE DISCLOSURE OF

10 STORED ELECTRONIC COMMUNICATIONS.

11 Section 2703 of title 18, United States Code, is

12 amended by adding at the end the following:

13 ‘‘(g) REPORTS CONCERNING THE DISCLOSURE OF

14 STORED ELECTRONIC COMMUNICATIONS.—

15 (1) Within thirty days after the expiration of an

16 order (or each extension thereof) entered under sub17 section (d), or the denial of an order approving a

18 disclosure of stored electronic communications, the

19 issuing or denying judge shall report to the Adminis20 trative Office of the United States Courts—

21 (A) the fact that an order or extension was

22 applied for;

23 (B) the kind of order or extension applied

24 for;
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1 (C) the fact that the order or extension

2 was granted as applied for, was modified, or

3 was denied;

4 (D) the period of disclosures authorized by

5 the order, and the number and duration of any

6 extensions of the order;

7 (E) the offense specified in the order or

8 application, or extension of an order;

9 (F) the identity of the applying investiga10 tive or law enforcement officer and agency mak11 ing the application and the person authorizing

12 the application; and

13 (G) the nature of the facilities from which

14 or the place where stored electronic communica15 tions were to be disclosed.

16 (2) In January of each year the Attorney Gen17 eral, an Assistant Attorney General specially des18 ignated by the Attorney General, or the principal

19 prosecuting attorney of a State, or the principal

20 prosecuting attorney for any political subdivision of

21 a State, shall report to the Administrative Office of

22 the United States Courts—

23 (A) the information required by subpara24 graphs (A) through (G) of paragraph (1) of this

25 section with respect to each application for an
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1 order or extension made during the preceding

2 calendar year;

3 (B) a general description of the disclosures

4 made under such order or extension,

5 including—

6 (i) the approximate nature and fre7 quency of incriminating communications

8 disclosed;

9 (ii) the approximate nature and fre10 quency of other communications disclosed;

11 (iii) the approximate number of per12 sons whose communications were disclosed;

13 and

14 (iv) the approximate nature, amount,

15 and cost of the manpower and other re16 sources used in the disclosures;

17 (C) the number of arrests resulting from

18 disclosures made under such order or extension,

19 and the offenses for which arrests were made;

20 (D) the number of trials resulting from

21 such disclosures;

22 (E) the number of motions to suppress

23 made with respect to such disclosures, and the

24 number granted or denied;
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1 (F) the number of convictions resulting

2 from such disclosures and the offenses for

3 which the convictions were obtained and a gen4 eral assessment of the importance of the disclo5 sures;

6 (G) the approximate number of persons

7 whose communications were disclosed and who

8 were not charged with a crime; and

9 (H) the information required by subpara10 graphs (B) through (G) of this paragraph with

11 respect to orders or extensions obtained in a

12 preceding calendar year.

13 (3) In April of each year the Director of the

14 Administrative Office of the United States Courts

15 shall transmit to the Congress a full and complete

16 report concerning the number of applications for or17 ders authorizing or approving the disclosure of

18 stored electronic communications pursuant to this

19 chapter and the number of orders and extensions

20 granted or denied pursuant to this chapter during

21 the preceding calendar year. Such report shall in22 clude a summary and analysis of the data required

23 to be filed with the Administrative Office by para24 graphs (1) and (2) of this section. The Director of

25 the Administrative Office of the United States
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1 Courts is authorized to issue binding regulations

2 dealing with the content and form of the reports re3 quired to be filed by paragraphs (1) and (2) of this

4 section.

5 SEC. 4. PEN REGISTERS.

6 (a) APPLICATION.—Section 3122(b)(2) of title 18,

7 United States Code, is amended to read as follows:

8 ‘‘(2) a showing by the applicant that the re9 quirements of section 3123 have been met.’’.

10 (b) ISSUANCE OF ORDER.—Section 3123 of title 18,

11 United States Code, is amended—

12 (1) in subsection (a), by inserting ‘‘, except that

13 such order shall not be entered if the pen register

14 or trap and trace device identifies an e-mail address

15 unless the court finds that specific and articulable

16 facts reasonably indicate that a crime has been, is

17 being, or will be committed, and information likely

18 to be obtained by such installation and use is rel19 evant to an investigation of that crime’’ before the

20 period at the end; and

21 (2) in subparagraphs (A) and (C) of subsection

22 (b)(1), by striking ‘‘telephone’’ and inserting ‘‘trans23 mission’’.

24 (c) DEFINITIONS.—Section 3127 of title 18, United

25 States Code, is amended—
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1 (1) in paragraph (3), by inserting ‘‘or which

2 identify the e-mail address transmitted’’ after ‘‘at3 tached’’; and

4 (2) in paragraph (4), by inserting ‘‘, or which

5 identify an e-mail address’’ after ‘‘transmitted’’.

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