IB

Union Calendar No. 562

106TH CONGRESS

2D SESSION H. R. 5018

[Report No. 106–932]

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

OCTOBER 4, 2000

Additional sponsors: Mr. BLUNT, Mr. BACHUS, Mr. PAUL, and Mr. WAMP

OCTOBER 4, 2000

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 27, 2000]

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Electronic Communica3 tions Privacy Act of 2000’’.

4 SEC. 2. USE AS EVIDENCE.

5 (a) IN GENERAL.—Section 2515 of title 18, United

6 States Code, is amended—

7 (1) by striking ‘‘wire or oral’’ in the heading

8 and inserting ‘‘wire, oral, or electronic’’.

9 (2) by striking ‘‘Whenever any wire or oral com10 munication has been intercepted’’ and inserting ‘‘(a)

11 Except as provided in subsection (b), whenever any

12 wire, oral, or electronic communication has been

13 intercepted, or any electronic communication in elec14 tronic storage has been disclosed’’;

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

16 chapter’’; and

17 (4) by adding at the end the following:

18 ‘‘(b) Subsection (a) does not apply to the disclosure,

19 before a grand jury or in a criminal trial, hearing, or other

20 criminal proceeding, of the contents of a communication,

21 or evidence derived therefrom, against a person alleged to

22 have intercepted, used, or disclosed the communication in

23 violation of this chapter, or chapter 121, or participated

24 in such violation.’’.

25 (b) SECTION 2517.—Paragraphs (1) and (2) of section

26 2517 are each amended by inserting ‘‘or under the cir-
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1 cumstances described in section 2515(b)’’ after ‘‘by this

2 chapter’’.

3 (c) SECTION 2518.—Section 2518 of title 18, United

4 States Code, is amended—

5 (1) in subsection (7), by striking ‘‘subsection

6 (d)’’ and inserting ‘‘subsection (8)(d)’’; and

7 (2) in subsection (10)—

8 (A) in paragraph (a)—

9 (i) by striking ‘‘or oral’’ each place it

10 appears and inserting ‘‘, oral, or elec11 tronic’’;

12 (ii) by striking the period at the end of

13 clause (iii) and inserting a semicolon; and

14 (iii) by inserting ‘‘except that no

15 supresssion may be ordered under the cir16 cumstances described in section 2515(b).’’

17 before ‘‘Such motion’’; and

18 (B) by striking paragraph (c).

19 (d) CLERICAL AMENDMENT.—The item relating to sec20 tion 2515 in the table of sections at the beginning of chapter

21 119 of title 18, United States Code, is amended to read as

22 follows:

‘‘2515. Prohibition of use as evidence of intercepted wire, oral, or electronic communications.’’.
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1 SEC. 3. REPORTS CONCERNING THE DISCLOSURE OF THE

2 CONTENTS OF ELECTRONIC COMMUNICA3 TIONS.

4 Section 2703 of title 18, United States Code, is amend5 ed by adding at the end the following:

6 ‘‘(g) REPORTS CONCERNING THE DISCLOSURE OF THE

7 CONTENTS OF ELECTRONIC COMMUNICATIONS.—

8 ‘‘(1) By January 31 of each calendar year, the

9 judge issuing or denying an order, warrant, or sub10 poena, or the authority issuing or denying a sub11 poena, under subsection (a) or (b) of this section dur12 ing the preceding calendar year shall report on each

13 such order, warrant, or subpoena to the Administra14 tive Office of the United States Courts—

15 ‘‘(A) the fact that the order, warrant, or

16 subpoena was applied for;

17 ‘‘(B) the kind of order, warrant, or sub18 poena applied for;

19 ‘‘(C) the fact that the order, warrant, or

20 subpoena was granted as applied for, was modi21 fied, or was denied;

22 ‘‘(D) the offense specified in the order, war23 rant, subpoena, or application;

24 ‘‘(E) the identity of the agency making the

25 application; and
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1 ‘‘(F) the nature of the facilities from which

2 or the place where the contents of electronic com3 munications were to be disclosed.

4 ‘‘(2) In January of each year the Attorney Gen5 eral or an Assistant Attorney General specially des6 ignated by the Attorney General shall report to the

7 Administrative Office of the United States Courts—

8 ‘‘(A) the information required by subpara9 graphs (A) through (F) of paragraph (1) of this

10 subsection with respect to each application for

11 an order, warrant, or subpoena made during the

12 preceding calendar year; and

13 ‘‘(B) a general description of the disclosures

14 made under each such order, warrant, or sub15 poena, including—

16 ‘‘(i) the approximate number of all

17 communications disclosed and, of those, the

18 approximate number of incriminating com19 munications disclosed;

20 ‘‘(ii) the approximate number of other

21 communications disclosed; and

22 ‘‘(iii) the approximate number of per23 sons whose communications were disclosed.

24 ‘‘(3) In June of each year, beginning in 2002,

25 the Director of the Administrative Office of the
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1 United States Courts shall transmit to the Congress

2 a full and complete report concerning the number of

3 applications for orders, warrants, or subpoenas au4 thorizing or requiring the disclosure of the contents of

5 electronic communications pursuant to subsections (a)

6 and (b) of this section and the number of orders, war7 rants, or subpoenas granted or denied pursuant to

8 subsections (a) and (b) of this section during the pre9 ceding calendar year. Such report shall include a

10 summary and analysis of the data required to be filed

11 with the Administrative Office by paragraphs (1) and

12 (2) of this subsection. The Director of the Administra13 tive Office of the United States Courts is authorized

14 to issue binding regulations dealing with the content

15 and form of the reports required to be filed by para16 graphs (1) and (2) of this subsection.’’.

17 SEC. 4. PEN REGISTERS AND TRAP AND TRACE DEVICES.

18 (a) REQUIREMENT FOR SHOWING.—Section

19 3122(b)(2) of title 18, United States Code, is amended to

20 read as follows:

21 ‘‘(2) a statement of facts showing that the re22 quirements of section 3123 have been met.’’.

23 (b) FINDING BY COURT.—Subsection (a) of section

24 3123 of title 18, United States Code, is amended by striking

25 ‘‘the attorney for the Government’’ and all that follows
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1 through the end of such subsection and inserting ‘‘specific

2 and articulable facts reasonably indicate that a crime has

3 been, is being, or will be committed, and information likely

4 to be obtained by such installation and use is relevant to

5 the investigation of that crime.’’.

6 SEC. 5. CIVIL DAMAGES.

7 Section 2520(c)(2) of title 18, United States Code, is

8 amended—

9 (1) by striking ‘‘court may’’ and inserting ‘‘court

10 shall’’;

11 (2) by striking ‘‘greater’’ and inserting ‘‘great12 est’’;

13 (3) in subparagraph (A), by striking ‘‘or’’ after

14 the semicolon;

15 (4) in subparagraph (B), by striking ‘‘whichever

16 is the greater of $100 a day for each day of violation

17 or $10,000.’’ and inserting ‘‘$500 a day for each vio18 lation; or’’; and

19 (5) by inserting after subparagraph (B), the fol20 lowing:

21 ‘‘(C) statutory damages of $10,000.’’.

22 SEC. 6. NOTIFICATION.

23 Section 2705(a)(4) of title 18, United States Code, is

24 amended by striking ‘‘or by certification by a governmental

25 entity, but only in accordance with subsection (b) of this
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1 section.’’ and inserting ‘‘if the court determines that there

2 is reason to believe that notification of the existence of the

3 court order or subpoena may have an adverse result de4 scribed in paragraph (2) of this subsection.’’.

5 SEC. 7. GOVERNMENT ACCESS TO LOCATION INFORMA6 TION.

7 (a) COURT ORDER REQUIRED.—Section 2703 of title

8 18, United States Code, as amended by section 3 of this

9 Act, is further amended by adding at the end the following:

10 ‘‘(h) DISCLOSURE OF LOCATION INFORMATION TO

11 GOVERNMENTAL ENTITIES.—

12 ‘‘(1) DISCLOSURE UPON COURT ORDER.—Except

13 as provided in paragraph (2), a provider of mobile

14 electronic communication service shall provide to a

15 governmental entity information generated by and

16 disclosing the current physical location of a sub17 scriber’s equipment only if the governmental entity

18 obtains a court order issued upon a finding that there

19 is probable cause to believe that—

20 ‘‘(A) a person is committing, has com21 mitted, or is about to commit a felony offense;

22 and

23 ‘‘(B) the location information sought to be

24 obtained concerns the location of the person be25 lieved to have committed, be committing, or be
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1 about to commit that offense or a victim of that

2 offense.

3 ‘‘(2) PERMITTED DISCLOSURES WITHOUT COURT

4 ORDER.—A provider of mobile electronic communica5 tion service may provide information described in

6 paragraph (1)—

7 ‘‘(A) to a public safety answering point,

8 emergency medical service provider or emergency

9 dispatch provider, public safety, fire service or

10 law enforcement official, or hospital emergency

11 or trauma care facility, in order to respond to

12 the user’s call for emergency services;

13 ‘‘(B) to inform the user’s legal guardian or

14 members of the user’s immediate family of the

15 user’s location in an emergency situation that

16 involves the risk of death or serious physical

17 harm; or

18 ‘‘(C) with the express consent of the sub19 scriber or the user of the equipment concerned.

20 ‘‘(3) DEFINITION.—The term ‘public safety an21 swering point’ means a facility that has been des22 ignated to receive emergency calls and route them to

23 emergency service personnel.’’.

24 (b) CONFORMING AMENDMENT.—Subsection (c)(1)(A)

25 of section 2703 of title 18, United States Code, is amended
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1 by striking ‘‘(b) of this section’’ and inserting ‘‘(b), or wire2 less location information covered by subsection (g)’’.

3 SEC. 8. COMPUTER CRIME AMENDMENTS.

4 (a) GENERALLY.—Section 1030 of title 18, United

5 States Code, is amended—

6 (1) in subsection (a)(3), by striking ‘‘such a com7 puter’’ and inserting ‘‘without or in excess of author8 ization a computer’’;

9 (2) in subsection (a)(5), by inserting after sub10 paragraph (C) the following:

11 ‘‘(B) whose conduct described in clause (i), (ii),

12 or (iii) of subparagraph (A)—

13 ‘‘(i) caused loss to one or more persons dur14 ing any one-year period (including loss resulting

15 from a related course of conduct affecting one or

16 more other protected computers) aggregating at

17 least $5,000;

18 ‘‘(ii) modified or impaired, or potentially

19 modified or impaired, the medical examination,

20 diagnosis, treatment, or care of one or more in21 dividuals;

22 ‘‘(iii) caused physical injury to any indi23 vidual;

24 ‘‘(iv) threatened public health or safety;
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1 ‘‘(v) caused damage affecting a computer

2 system used by or for a government entity in

3 furtherance of the administration of justice, na4 tional defense, or national security; or

5 ‘‘(vi) intentionally defaced, damaged, or de6 stroyed images or information made available to

7 the public and thereby interfered with the rights

8 protected under the First Amendment to the Con9 stitution;’’.

10 (3) in subsection (a)(5)(A), by inserting ‘‘(i)’’

11 after ‘‘(5)(A)’’;

12 (4) in subsection (a)(5)(B), by striking ‘‘(B)’’

13 and inserting ‘‘(ii)’’;

14 (5) in subsection (a)(5)(C)—

15 (A) by striking ‘‘(C)’’ and inserting ‘‘(iii)’’;

16 and

17 (B) by inserting ‘‘and’’ after the semicolon;

18 (6) in subsection (a)(7), by striking ‘‘, firm, as19 sociation, educational institution, financial institu20 tion, government entity, or other legal entity,’’;

21 (7) in subsection (b), by adding before the period

22 ‘‘as if such person had committed the completed of23 fense’’;
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1 (8) in subsection (c)(1)(A) and (B), by striking

2 ‘‘, or an attempt to commit an offense punishable

3 under this subparagraph’’;

4 (9) in subsection (c)(1)(A), by inserting ‘‘,

5 (a)(5)(A)(i), or (a)(5)(A)(ii)’’ after ‘‘(a)(1)’’;

6 (10) by amending subsection (c)(2)(A) to read as

7 follows:

8 ‘‘(2)(A) except as provided in subsection

9 (c)(2)(B), a fine under this title or imprisonment for

10 not more than one year, or both, in the case of an of11 fense under subsection (a)(2), (a)(3), (a)(5)(A)(iii), or

12 (a)(6) of this section which does not occur after a con13 viction for another offense under this section;’’;

14 (11) by striking subparagraph (C) of subsection

15 (c)(2);

16 (12) in subsection (c)(3)—

17 (A) by striking ‘‘(3)(A)’’ and inserting

18 ‘‘(3)’’;

19 (B) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’;

20 (C) by striking ‘‘, or an attempt to commit

21 an offense punishable under this subparagraph;

22 and’’ and inserting ‘‘; and’’; and

23 (D) by striking subparagraph (B) and in24 serting:
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1 ‘‘(4) a fine under this title or imprisonment for

2 not more than ten years, or both, in the case of an

3 offense under subsection (a)(2), (a)(3), (a)(4), (a)(5),

4 (a)(6), or (a)(7) of this section which occurs after a

5 conviction for another offense under this section.’’;

6 (13) in subsection (d)—

7 (A) by striking ‘‘subsections (a)(2)(A),

8 (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of’’;

9 and

10 (B) by striking ‘‘which shall be entered into

11 by’’ and inserting ‘‘between’’;

12 (14) in subsection (e)(7), by striking ‘‘and’’ after

13 the semicolon;

14 (15) in subsection (e)(8), by striking all after

15 ‘‘information’’ and inserting a semicolon;

16 (16) in subsection (e)(9), by striking the period

17 at the end and inserting a semicolon;

18 (17) by inserting the following after subsection

19 (e)(9):

20 ‘‘(10) the term ‘conviction for another offense

21 under this section’ includes a State conviction for a

22 crime punishable by imprisonment for more than 1

23 year, an element of which is unauthorized access, or

24 exceeding authorized access, to a computer;
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1 ‘‘(11) the term ‘loss’ means any reasonable cost

2 to any victim, including responding to the offense,

3 conducting a damage assessment, restoring any data,

4 program, system, or information to its condition be5 fore the offense, and any revenue lost or costs incurred

6 because of interruption of service; and

7 ‘‘(12) the term ‘person’ includes any individual,

8 firm, association, educational institution, financial

9 institution, corporation, company, partnership, gov10 ernment entity, or other legal entity.’’;

11 (18) by amending subsection (g) to read as fol12 lows:

13 ‘‘(g) Except as herein provided, any person who suffers

14 damage or loss by reason of a violation of this section may

15 maintain a civil action against the violator to obtain com16 pensatory damages and injunctive or other equitable relief.

17 A suit for a violation of subsection (a)(5) may be brought

18 only if the conduct involves one or more of the factors enu19 merated in subsection (a)(5)(B). No action may be brought

20 under this subsection unless such action is begun within

21 2 years of the date of the act complained of or the date

22 of the discovery of the damage.’’; and

23 (19) by adding the following subsection after sub24 section (h):
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1 ‘‘(i)(1) The court, in imposing sentence on any person

2 convicted of a violation of this section, shall order, in addi3 tion to any other sentence imposed and irrespective of any

4 provision of State law, that such person forfeit to the United

5 States—

6 ‘‘(A) such person’s interest in any personal prop7 erty that was used or intended to be used to commit

8 or to facilitate the commission of such violation; and

9 ‘‘(B) any property, real or personal, constituting

10 or derived from, any proceeds that such person ob11 tained, directly or indirectly, as a result of such vio12 lation.

13 ‘‘(2) The criminal forfeiture of property under this

14 subsection, any seizure and disposition thereof, and any ad15 ministrative or judicial proceeding in relation thereto, shall

16 be governed by the provisions of section 413 of the Com17 prehensive Drug Abuse Prevention and Control Act of 1970

18 (21 U.S.C. 853), except subsection (d) of that section.’’.

19 (b) SENTENCING COMMISSION.—Section 805(c) of the

20 Antiterrorism and Effective Death Penalty Act of 1996

21 (Public Law 104–132; 28 U.S.C. 994 note) is amended by

22 striking ‘‘shall amend the sentencing guidelines to ensure

23 any individual convicted of a violation of paragraph (4)

24 or (5)’’ and inserting ‘‘shall amend the sentencing guide25 lines to ensure any individual convicted of a violation of
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1 paragraph (4) or a felony violation of paragraph (5)(A)(i)

2 (but not of paragraph (5)(A)(ii) or (5)(A)(iii))’’.

3 SEC. 9. INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC

4 COMMUNICATIONS AMENDMENTS.

5 Chapter 119 of title 18, United States Code, is

6 amended—

7 (1) in section 2510(10), by striking ‘‘153(h)’’

8 and inserting ‘‘153(10)’’;

9 (2) in section 2516(1), by striking ‘‘wire or oral’’

10 and inserting ‘‘wire, oral, or electronic’’;

11 (3) in the first paragraph (p) of section 2516(1),

12 by inserting ‘‘section 1030 (relating to computer

13 fraud and abuse), section 1362 (relating to destruc14 tion of government communications facilities),’’ after

15 ‘‘identification documents),’’; and

16 (4) in section 2516(1), by redesignating the sec17 ond paragraph (p) as paragraph (q).

18 SEC. 10. AMENDMENTS TO THE ELECTRONIC COMMUNICA19 TIONS PRIVACY ACT.

20 (a) PENALTIES FOR UNLAWFUL ACCESS TO STORED

21 COMMUNICATIONS.—Section 2701 of title 18, United States

22 Code, is amended—

23 (1) in subsection (b)(1)—

24 (A) by striking ‘‘purposes of’’ and inserting

25 ‘‘a tortious or illegal purpose,’’;
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1 (B) in subparagraph (A), by striking ‘‘one

2 year’’ and inserting ‘‘three years’’; and

3 (C) in subparagraph (B), by striking ‘‘two’’

4 and inserting ‘‘five’’; and

5 (2) by amending subsection (b)(2) to read as fol6 lows:

7 ‘‘(2) in any other case—

8 ‘‘(A) a fine under this title or imprisonment

9 for not more than one year, or both, in the case

10 of a first offense under this subparagraph; and

11 ‘‘(B) a fine under this title or imprison12 ment for not more than five years, or both, for

13 any subsequent offense under this subpara14 graph.’’.

15 (b) VOLUNTARY DISCLOSURE OF CUSTOMER COMMU16 NICATIONS OR RECORDS.—Section 2702 of title 18, United

17 States Code, is amended—

18 (1) by amending the catchline to read as follows:

19 ‘‘§ 2702. Voluntary disclosure of customer communica20 tions or records’’;

21 (2) in subsection (a)(1)—

22 (A) by striking ‘‘person or entity providing

23 an’’ and inserting ‘‘provider of’’; and

24 (B) by striking ‘‘and’’ at the end;

25 (3) in subsection (a)(2)—
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1 (A) by striking ‘‘person or entity pro2 viding’’ and inserting ‘‘provider of’’; and

3 (B) by striking the period at the end and

4 inserting ‘‘; and’’;

5 (4) in subsection (a), by adding the following

6 paragraph after paragraph (2):

7 ‘‘(3) a provider of remote computing service or

8 electronic communication service to the public shall

9 not knowingly divulge a record or other information

10 pertaining to a subscriber to or customer of such serv11 ice (not including the contents of communications

12 covered by paragraph (1) or (2) of this subsection) to

13 any governmental entity.’’;

14 (5) in the heading of subsection (b) by inserting

15 ‘‘FOR DISCLOSURE OF COMMUNICATIONS’’ after ‘‘EX16 CEPTIONS’’;

17 (6) in subsection (b), by striking ‘‘person or enti18 ty’’ and inserting ‘‘provider described in subsection

19 (a)’’; and

20 (7) by adding the following subsection after sub21 section (b):

22 ‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER

23 RECORDS.—A provider described in subsection (a) may di24 vulge a record or other information pertaining to a sub25 scriber to or customer of such service (not including the con-
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1 tents of communications covered by subsection (a)(1) or

2 (a)(2) of this section)—

3 ‘‘(1) as otherwise authorized in section 2703 of

4 this title;

5 ‘‘(2) with the lawful consent of the customer or

6 subscriber;

7 ‘‘(3) as may be necessarily incident to the ren8 dition of the service or to the protection of the rights

9 or property of the provider of that service;

10 ‘‘(4) to a governmental entity, if the provider

11 reasonably believes that an emergency involving im12 mediate danger of death or serious physical injury to

13 any person justifies disclosure of the information; or

14 ‘‘(5) to any person other than a governmental

15 entity where not otherwise prohibited by law.’’.

16 (c) CONFORMING AMENDMENTS.—Section 2703 of title

17 18, United States Code, as amended by section 7 of this

18 Act, is futher amended—

19 (1) in subsection (c) by—

20 (A) redesignating paragraph (2) as para21 graph (3); and

22 (B) redesignating subparagraph (C) of

23 paragraph (1) as paragraph (2);

24 (2) in subsection (c)(1) by—
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1 (A) striking ‘‘(A) Except as provided in

2 subparagraph (B),’’ and inserting ‘‘A govern3 mental entity may require’’;

4 (B) striking ‘‘may disclose’’ and inserting

5 ‘‘to disclose’’; and

6 (C) striking ‘‘to any person other than a

7 governmental entity.’’;

8 (D) striking ‘‘(B) A provider of’’ through

9 ‘‘to a governmental entity’’;

10 (E) redesignating subclauses (i) through

11 (iv) as subparagraphs (A) through (D);

12 (F) striking ‘‘or’’ at the end of subpara13 graph (C) as redesignated;

14 (G) striking the period at the end of sub15 paragraph (D) as redesignated and inserting ‘‘;

16 or’’; and

17 (H) adding the following subparagraph

18 after subparagraph (D) as redesignated:

19 ‘‘(E) seeks information pursuant to paragraph

20 (2).’’; and

21 (3) in subsection (c)(2) as redesignated by—

22 (A) striking ‘‘an administrative subpoena

23 authorized by a Federal or State statute or a

24 Federal or State grand jury or trial subpoena’’

25 and inserting ‘‘a Federal or State grand jury or
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1 trial subpoena, or a subpoena or equivalent proc2 ess authorized by a Federal or State statute,’’;

3 and

4 (B) striking ‘‘subparagraph (B).’’ and in5 serting ‘‘paragraph (1).’’.

6 (d) CIVIL DAMAGES.—Section 2707(c) of title 18,

7 United States Code, is amended by striking ‘‘$1,000’’ and

8 inserting ‘‘$5,000’’.

9 (e) CLERICAL AMENDMENT.—The item relating to sec10 tion 2702 in the table of sections at the beginnning of chap11 ter 121 of title 18, United States Code, is amended to read

12 as follows:

‘‘2702. Voluntary disclosure of customer communications or records.’’.

13 SEC. 11. ADDITIONAL PROVISIONS RELATING TO PEN REG14 ISTERS.

15 (a) EMERGENCY PROVISIONS.—Section 3125 of title

16 18, United States Code, is amended—

17 (1) in subsection (a)(1)—

18 (A) in subparagraph (A), by striking ‘‘or’’

19 after the semicolon;

20 (B) in subparagraph (B), by striking the

21 comma after ‘‘crime’’ and inserting a semicolon;

22 and

23 (C) by inserting after subparagraph (B),

24 the following:
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1 ‘‘(C) an immediate threat to a national se2 curity interest; or

3 ‘‘(D) an ongoing attack on the integrity or

4 availability of a protected computer in violation

5 of section 1030(a)(5)(A)(i) or 1030(a)(5)(A)(ii)

6 of this title,’’;

7 (2) at the end of the matter following subsection

8 (a)(2), by inserting the following: ‘‘In the event an

9 application for such order is denied, or in any other

10 case where the installation and use of a pen register

11 or trap and trace device is terminated without an

12 order having been issued, any information obtained

13 by such installation and use shall be treated as hav14 ing been obtained in violation of this chapter, and an

15 inventory shall be served as provided for in subsection

16 (b) of this section on the person named in the appli17 cation.’’;

18 (3) by inserting the following after subsection

19 (a):

20 ‘‘(b) Within a reasonable time but not later than 90

21 days after the filing of an application for an order of ap22 proval under subsection (a)(2) of this section which is de23 nied, the denying judge shall cause to be served, on the per24 sons named in the order or the application, and such other

25 parties to the information obtained by such installation and
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1 use of a pen register or trap and trace device as the judge

2 may determine in his discretion is in the interest of justice,

3 an inventory which shall include notice of—

4 ‘‘(1) the fact of the entry of the application;

5 ‘‘(2) the date of the entry and the date of the de6 nial of the application; and

7 ‘‘(3) the fact that during the period covered by

8 the application, information was obtained by the in9 stallation and use of a pen register or trap and trace

10 device.

11 The judge, upon the filing of a motion, may in his discre12 tion make available to such person or his counsel for inspec13 tion such portions of the applications as the judge deter14 mines to be in the interest of justice. On an ex parte show15 ing of good cause to a judge of competent jurisdiction the

16 serving of the inventory required by this subsection may

17 be postponed.’’; and

18 (4) by redesignating subsections (b) through (d)

19 as subsections (c) through (e), respectively.

20 (b) DEFINITIONS.—Section 3127 of title 18, United

21 States Code, is amended—

22 (1) in paragraph (6), by striking the period and

23 inserting ‘‘; and’’; and

24 (2) by adding the following paragraph after

25 paragraph (6):
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1 ‘‘(7) the term ‘protected computer’ has the mean2 ing set forth in section 1030 of this title.’’.

3 SEC. 12. GOVERNMENT ACCESS TO CONTENTS OF STORED

4 ELECTRONIC COMMUNICATIONS.

5 Section 2703(a) of title 18, United States Code, is

6 amended by striking ‘‘one hundred and eighty days’’ each

7 place it appears and inserting ‘‘one year’’.

8 SEC. 13. ENHANCED PRIVACY PROTECTION FOR INFORMA9 TION ON COMPUTER NETWORKS.

10 Section 2510(17) of title 18, United States Code, is

11 amended—

12 (1) by striking ‘‘and’’ at the end of subpara13 graph (A); and

14 (2) by inserting at the end the following:

15 ‘‘(C) any storage of an electronic commu16 nication by an electronic communication service

17 without regard to whether the communication

18 has been accessed by the intended recipient;

19 and’’.

Calendar No. 562

106TH CONGRESS

2D SESSION H. R. 5018

[Report No. 106–932]

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.

OCTOBER 4, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed