I

103D CONGRESS

2D SESSION H. R. 4922

To amend title 18, United States Code, to make clear a telecommunications

carrier’s duty to cooperate in the interception of communications for

law enforcement purposes, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 9, 1994

Mr. EDWARDS of California (for himself and Mr. HYDE) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to make clear a

telecommunications carrier’s duty to cooperate in the

interception of communications for law enforcement purposes, 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. INTERCEPTION OF DIGITAL AND OTHER COM4 MUNICATIONS.

5 (a) IN GENERAL.—Part I of title 18, United States

6 Code, is amended by inserting after chapter 119 the fol7 lowing new chapter:
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1 ‘‘CHAPTER 120—TELECOMMUNICATIONS

2 CARRIER ASSISTANCE TO THE GOV3 ERNMENT

‘‘Sec.

‘‘2601. Definitions.

‘‘2602. Assistance capability requirements.

‘‘2603. Notices of capacity requirements.

‘‘2604. Systems security and integrity.

‘‘2605. Cooperation of equipment manufacturers and providers of telecommunications support services.

‘‘2606. Technical requirements and standards; extension of compliance date.

‘‘2607. Enforcement orders.

‘‘2608. Reimbursement of telecommunications carriers.

4 ‘‘§ 2601. Definitions

5 ‘‘(a) DEFINITIONS.—In this chapter—

6 ‘‘the terms defined in section 2510 have, re7 spectively, the meanings stated in that section.

8 ‘‘ ‘call-identifying information’—

9 ‘‘(A) means all dialing or signalling infor10 mation associated with the origin, direction,

11 destination, or termination of each communica12 tion generated or received by the subscriber

13 equipment, facility, or service of a telecommuni14 cations carrier that is the subject of a court

15 order or lawful authorization; but

16 ‘‘(B) does not include any information that

17 may disclose the physical location of the sub18 scriber (except to the extent that the location

19 may be determined from the telephone number).
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1 ‘‘ ‘Commission’ means the Federal Communica2 tions Commission.

3 ‘‘ ‘government’ means the government of the

4 United States and any agency or instrumentality

5 thereof, the District of Columbia, any common6 wealth, territory, or possession of the United States,

7 and any State or political subdivision thereof author8 ized by law to conduct electronic surveillance.

9 ‘‘ ‘information services’—

10 ‘‘(A) means the offering of a capability for

11 generating, acquiring, storing, transforming,

12 processing, retrieving, utilizing, or making

13 available information via telecommunications;

14 and

15 ‘‘(B) includes electronic publishing and

16 messaging services; but

17 ‘‘(C) does not include any use of any such

18 capability for the management, control, or oper19 ation of a telecommunications system or the

20 management of a telecommunications service.

21 ‘‘ ‘provider of telecommunications support serv22 ices’ means a person or entity that provides a prod23 uct, software, or service to a telecommunications

24 carrier that is integral to such carrier’s switching or

25 transmission of wire or electronic communications.
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1 ‘‘ ‘telecommunications carrier’—

2 ‘‘(A) means a person or entity engaged in

3 the transmission or switching of wire or elec4 tronic communications as a common carrier for

5 hire (within the meaning of section 3(h) of the

6 Communications Act of 1934 (47 U.S.C.

7 153(h))); and

8 ‘‘(B) includes—

9 ‘‘(i) a person or entity engaged in pro10 viding commercial mobile service (as de11 fined in section 332(d) of the Communica12 tions Act of 1934 (47 U.S.C. 332(d))); and

13 ‘‘(ii) a person or entity engaged in

14 providing wire or electronic communication

15 switching or transmission service to the ex16 tent that the Commission finds that such

17 service is a replacement for a substantial

18 portion of the local telephone exchange

19 service and that it is in the public interest

20 to deem such a person or entity to be a

21 telecommunications carrier for purposes of

22 this chapter; but

23 ‘‘(C) does not include persons or entities

24 insofar as they are engaged in providing infor25 mation services.
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1 ‘‘§ 2602. Assistance capability requirements

2 ‘‘(a) CAPABILITY REQUIREMENTS.—Except as pro3 vided in subsections (b), (c), and (d) of this section, and

4 subject to section 2607(c), a telecommunications carrier

5 shall ensure that its services or facilities that provide a

6 customer or subscriber with the ability to originate, termi7 nate, or direct communications are capable of—

8 ‘‘(1) expeditiously isolating and enabling the

9 government to intercept, to the exclusion of any

10 other communications, all wire and electronic com11 munications carried by the carrier within a service

12 area to or from equipment, facilities, or services of

13 a subscriber of such carrier concurrently with their

14 transmission to or from the subscriber’s service, fa15 cility, or equipment or at such later time as may be

16 acceptable to the government;

17 ‘‘(2) expeditiously isolating and enabling the

18 government to access call-identifying information

19 that is reasonably available to the carrier—

20 ‘‘(A) before, during, or immediately after

21 the transmission of a wire or electronic commu22 nication (or at such later time as may be ac23 ceptable to the government); and

24 ‘‘(B) in a manner that allows it to be asso25 ciated with the communication to which it per26 tains,
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1 except that, with regard to information acquired

2 solely pursuant to the authority for pen registers

3 and trap and trace devices (as defined in section

4 3127), such call-identifying information shall not in5 clude any information that may disclose the physical

6 location of the subscriber (except to the extent that

7 the location may be determined from the telephone

8 number);

9 ‘‘(3) delivering intercepted communications and

10 call-identifying information to the government in a

11 format such that they may be transmitted by means

12 of facilities or services procured by the government

13 to a location other than the premises of the carrier;

14 and

15 ‘‘(4) facilitating authorized communications

16 interceptions and access to call-identifying informa17 tion unobtrusively and with a minimum of inter18 ference with any subscriber’s telecommunications

19 service and in a manner that protects—

20 ‘‘(A) the privacy and security of commu21 nications and call-identifying information not

22 authorized to be intercepted; and

23 ‘‘(B) information regarding the govern24 ment’s interception of communications and ac25 cess to call-identifying information.
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1 ‘‘(b) LIMITATIONS.—

2 ‘‘(1) DESIGN OF FEATURES AND SYSTEMS CON3 FIGURATIONS.—This chapter does not authorize any

4 law enforcement agency or officer—

5 ‘‘(A) to require any specific design of fea6 tures or system configurations to be adopted by

7 providers of wire or electronic communication

8 service, manufacturers of telecommunications

9 equipment, or providers of telecommunications

10 support services; or

11 ‘‘(B) to prohibit the adoption of any fea12 ture or service by providers of wire or electronic

13 communication service, manufacturers of tele14 communications equipment, or providers of tele15 communications support services.

16 ‘‘(2) INFORMATION SERVICES AND INTER17 CONNECTION SERVICES AND FACILITIES.—The re18 quirements of subsection (a) do not apply to—

19 ‘‘(A) information services; or

20 ‘‘(B) services or facilities that support the

21 transport or switching of communications for

22 the sole purpose of interconnecting tele23 communications carriers or private networks.

24 ‘‘(3) ENCRYPTION.—A telecommunications car25 rier shall not be responsible for decrypting, or ensur-
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1 ing the government’s ability to decrypt, any commu2 nication encrypted by a subscriber or customer, un3 less the encryption was provided by the carrier and

4 the carrier possesses the information necessary to

5 decrypt the communication.

6 ‘‘(c) EMERGENCY OR EXIGENT CIRCUMSTANCES.—In

7 emergency or exigent circumstances (including those de8 scribed in sections 2518 (7) or (11)(b) and 3125 of this

9 title and section 1805(e) of title 50), a carrier may fulfill

10 its responsibilities under subsection (a)(3) by allowing

11 monitoring at its premises if that is the only means of

12 accomplishing the interception or access.

13 ‘‘(d) MOBILE SERVICE ASSISTANCE REQUIRE14 MENTS.—A telecommunications carrier offering a feature

15 or service that allows subscribers to redirect, hand off, or

16 assign their wire or electronic communications to another

17 service area or another service provider or to utilize facili18 ties in another service area or of another service provider

19 shall ensure that, when the carrier that had been providing

20 assistance for the interception of wire or electronic com21 munications or access to call-identifying information pur22 suant to a court order or lawful authorization no longer

23 has access to the content of such communications or call24 identifying information within the service area in which

25 interception has been occurring as a result of the subscrib-
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1 er’s use of such a feature or service, information is avail2 able to the government (before, during, or immediately

3 after the transfer of such communications) identifying the

4 provider of wire or electronic communication service that

5 has acquired access to the communications.

6 ‘‘§ 2603. Notices of capacity requirements

7 ‘‘(a) NOTICES OF MAXIMUM AND INITIAL CAPACITY

8 REQUIREMENTS.—

9 ‘‘(1) IN GENERAL.—Not later than 1 year after

10 the date of enactment of this chapter, and after con11 sulting with State and local law enforcement agen12 cies, telecommunications carriers, providers of tele13 communications support services, and manufacturers

14 of telecommunications equipment, the Attorney Gen15 eral shall publish in the Federal Register and pro16 vide to appropriate telecommunications carrier asso17 ciations, standard-setting organizations, and fora—

18 ‘‘(A) notice of the maximum capacity re19 quired to accommodate all of the communica20 tion interceptions, pen registers, and trap and

21 trace devices that the Attorney General esti22 mates that government agencies authorized to

23 conduct electronic surveillance may conduct and

24 use simultaneously; and
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1 ‘‘(B) notice of the number of communica2 tion interceptions, pen registers, and trap and

3 trace devices, representing a portion of the

4 maximum capacity set forth under subpara5 graph (A), that the Attorney General estimates

6 that government agencies authorized to conduct

7 electronic surveillance may conduct and use si8 multaneously after the date that is 4 years

9 after the date of enactment of this chapter.

10 ‘‘(2) BASIS OF NOTICES.—The notices issued

11 under paragraph (1) may be based upon the type of

12 equipment, type of service, number of subscribers,

13 geographic location, or other measure.

14 ‘‘(b) COMPLIANCE WITH CAPACITY NOTICES.—

15 ‘‘(1) INITIAL CAPACITY.—Within 3 years after

16 the publication by the Attorney General of a notice

17 of capacity requirements or within 4 years after the

18 date of enactment of this chapter, whichever is

19 longer, a telecommunications carrier shall ensure

20 that its systems are capable of—

21 ‘‘(A) expanding to the maximum capacity

22 set forth in the notice under paragraph (1)(A);

23 and

24 ‘‘(B) accommodating simultaneously the

25 number of interceptions, pen registers, and trap
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1 and trace devices set forth in the notice under

2 paragraph (1)(B).

3 ‘‘(2) PERMANENT CAPACITY.—After the date

4 described in paragraph (1), a telecommunications

5 carrier shall ensure that it can accommodate expedi6 tiously any increase in the number of communication

7 interceptions, pen registers, and trap and trace de8 vices that authorized agencies may seek to conduct

9 and use, up to the maximum capacity requirement

10 set forth in the notice under paragraph (1)(A).

11 ‘‘(c) NOTICES OF INCREASED MAXIMUM CAPACITY

12 REQUIREMENTS.—

13 ‘‘(1) The Attorney General shall periodically

14 provide to telecommunications carriers written notice

15 of any necessary increases in the maximum capacity

16 requirement set forth in the notice under subsection

17 (b)(1).

18 ‘‘(2) Within 3 years after receiving written no19 tice of increased capacity requirements under para20 graph (1), or within such longer time period as the

21 Attorney General may specify, a telecommunications

22 carrier shall ensure that its systems are capable of

23 expanding to the increased maximum capacity set

24 forth in the notice.
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1 ‘‘§ 2604. Systems security and integrity

2 ‘‘A telecommunications carrier shall ensure that any

3 court ordered or lawfully authorized interception of com4 munications or access to call-identifying information ef5 fected within its switching premises can be activated only

6 with the affirmative intervention of an individual officer

7 or employee of the carrier.

8 ‘‘§ 2605. Cooperation of equipment manufacturers

9 and providers of telecommunications

10 support services

11 ‘‘(a) CONSULTATION.—A telecommunications carrier

12 shall consult, as necessary, in a timely fashion with manu13 facturers of its telecommunications transmission and

14 switching equipment and its providers of telecommuni15 cations support services for the purpose of identifying any

16 service or equipment, including hardware and software,

17 that may require modification so as to permit compliance

18 with this chapter.

19 ‘‘(b) MODIFICATION OF EQUIPMENT AND SERV20 ICES.—Subject to section 2607(c), a manufacturer of tele21 communications transmission or switching equipment and

22 a provider of telecommunications support services shall,

23 on a reasonably timely basis and at a reasonable charge,

24 make available to the telecommunications carriers using

25 its equipment or services such modifications as are nec26 essary to permit such carriers to comply with this chapter.
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1 ‘‘§ 2606. Technical requirements and standards; ex2 tension of compliance date

3 ‘‘(a) SAFE HARBOR.—

4 ‘‘(1) CONSULTATION.—To ensure the efficient

5 and industry-wide implementation of the assistance

6 capability requirements under section 2602, the At7 torney General, in coordination with other Federal,

8 State, and local law enforcement agencies, shall con9 sult with appropriate associations and standard-set10 ting organizations of the telecommunications indus11 try.

12 ‘‘(2) COMPLIANCE UNDER ACCEPTED STAND13 ARDS.—A telecommunications carrier shall be found

14 to be in compliance with the assistance capability re15 quirements under section 2602, and a manufacturer

16 of telecommunications transmission or switching

17 equipment or a provider of telecommunications sup18 port services shall be found to be in compliance with

19 section 2605, if the carrier, manufacturer, or sup20 port service provider is in compliance with publicly

21 available technical requirements or standards are

22 adopted by an industry association or standard-set23 ting organization or by the Commission under sub24 section (b) to meet the requirements of section 2602.

25 ‘‘(3) ABSENCE OF STANDARDS.—The absence

26 of technical requirements or standards for imple-
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1 menting the assistance capability requirements of

2 section 2602 shall not—

3 ‘‘(A) preclude a carrier, manufacturer, or

4 services provider from deploying a technology or

5 service; or

6 ‘‘(B) relieve a carrier, manufacturer, or

7 service provider of the obligations imposed by

8 section 2602 or 2605, as applicable.

9 ‘‘(b) FCC AUTHORITY.—

10 ‘‘(1) IN GENERAL.—If industry associations or

11 standard-setting organizations fail to issue technical

12 requirements or standards or if a government agen13 cy or any other person believes that such require14 ments or standards are deficient, the agency or per15 son may petition the Commission to establish, by no16 tice and comment rulemaking or such other proceed17 ings as the Commission may be authorized to con18 duct, technical requirements or standards that—

19 ‘‘(A) meet the assistance capability re20 quirements of section 2602;

21 ‘‘(B) protect the privacy and security of

22 communications not authorized to be inter23 cepted; and
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1 ‘‘(C) serve the policy of the United States

2 to encourage the provision of new technologies

3 and services to the public.

4 ‘‘(2) TRANSITION PERIOD.—If an industry tech5 nical requirement or standard is set aside or sup6 planted as a result of Commission action under this

7 section, the Commission, after consultation with the

8 Attorney General, shall establish a reasonable time

9 and conditions for compliance with and the transi10 tion to any new standard, including defining the ob11 ligations of telecommunications carriers under sec12 tion 2602 during any transition period.

13 ‘‘(c) EXTENSION OF COMPLIANCE DATE FOR FEA14 TURES AND SERVICES.—

15 ‘‘(1) PETITION.—A telecommunications carrier

16 proposing to deploy, or having deployed, a feature or

17 service within 4 years after the date of enactment of

18 this chapter may petition the Commission for 1 or

19 more extensions of the deadline for complying with

20 the assistance capability requirements under section

21 2602.

22 ‘‘(2) GROUND FOR EXTENSION.—The Commis23 sion may, after affording a full opportunity for hear24 ing and after consultation with the Attorney Gen25 eral, grant an extension under this paragraph, if the
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1 Commission determines that compliance with the as2 sistance capability requirements under section 2602

3 is not reasonably achievable through application of

4 technology available within the compliance period.

5 ‘‘(3) LENGTH OF EXTENSION.—An extension

6 under this paragraph shall extend for no longer than

7 the earlier of—

8 ‘‘(A) the date determined by the Commis9 sion as necessary for the carrier to comply with

10 the assistance capability requirements under

11 section 2602; or

12 ‘‘(B) the date that is 2 years after the date

13 on which the extension is granted.

14 ‘‘(4) APPLICABILITY OF EXTENSION.—An ex15 tension under this subsection shall apply to only that

16 part of the carrier’s business on which the new fea17 ture or service is used.

18 ‘‘§ 2607. Enforcement orders

19 ‘‘(a) ENFORCEMENT BY COURT ISSUING SURVEIL20 LANCE ORDER.—If a court authorizing an interception

21 under chapter 119, a State statute, or the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)

23 or authorizing use of a pen register or a trap and trace

24 device under chapter 206 or a State statute finds that a

25 telecommunications carrier has failed to comply with the
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1 requirements in this chapter, the court may direct that

2 the carrier comply forthwith and may direct that a pro3 vider of support services to the carrier or the manufac4 turer of the carrier’s transmission or switching equipment

5 furnish forthwith modifications necessary for the carrier

6 to comply.

7 ‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTOR8 NEY GENERAL.—The Attorney General may apply to the

9 appropriate United States district court for, and the Unit10 ed States district courts shall have jurisdiction to issue,

11 an order directing that a telecommunications carrier, a

12 manufacturer of telecommunications transmission or

13 switching equipment, or a provider of telecommunications

14 support services comply with this chapter.

15 ‘‘(c) GROUNDS FOR ISSUANCE.—A court shall issue

16 an order under subsection (a) or (b) only if the court finds

17 that—

18 ‘‘(1) alternative technologies or capabilities or

19 the facilities of another carrier are not reasonably

20 available to law enforcement for implementing the

21 interception of communications or access to call22 identifying information; and

23 ‘‘(2) compliance with the requirements of this

24 chapter is reasonably achievable through the applica25 tion of available technology to the feature or service
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1 at issue or would have been reasonably achievable if

2 timely action had been taken.

3 ‘‘(d) TIME FOR COMPLIANCE.—Upon issuance of an

4 enforcement order under this section, the court shall speci5 fy a reasonable time and conditions for complying with

6 its order, considering the good faith efforts to comply in

7 a timely manner, any effect on the carrier’s, manufactur8 er’s, or service provider’s ability to continue to do busi9 ness, the degree of culpability or delay in undertaking ef10 forts to comply, and such other matters as justice may

11 require.

12 ‘‘(e) LIMITATION.—An order under this section may

13 not require a telecommunications carrier to meet the gov14 ernment’s demand for interception of communications and

15 acquisition of call-identifying information to any extent in

16 excess of the capacity for which notice has been provided

17 under section 2603.

18 ‘‘(f) CIVIL PENALTY.—

19 ‘‘(1) IN GENERAL.—A court issuing an order

20 under this section against a telecommunications car21 rier, a manufacturer of telecommunications trans22 mission or switching equipment, or a provider of

23 telecommunications support services may impose a

24 civil penalty of up to $10,000 per day for each day
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1 in violation after the issuance of the order or after

2 such future date as the court may specify.

3 ‘‘(2) CONSIDERATIONS.—In determining wheth4 er to impose a fine and in determining its amount,

5 the court shall take into account—

6 ‘‘(A) the nature, circumstances, and extent

7 of the violation;

8 ‘‘(B) the violator’s ability to pay, the viola9 tor’s good faith efforts to comply in a timely

10 manner, any effect on the violator’s ability to

11 continue to do business, the degree of culpabil12 ity, and the length of any delay in undertaking

13 efforts to comply; and

14 ‘‘(C) such other matters as justice may re15 quire.

16 ‘‘(3) CIVIL ACTION.—The Attorney General

17 may file a civil action in the appropriate United

18 States district court to collect, and the United

19 States district courts shall have jurisdiction to im20 pose, such fines.

21 ‘‘§ 2608. Reimbursement of telecommunications car22 riers

23 ‘‘(a) IN GENERAL.—The Attorney General shall, sub24 ject to the availability of appropriations, reimburse tele-
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1 communications carriers for all reasonable costs directly

2 associated with—

3 ‘‘(1) the modifications performed by carriers

4 prior to the effective date of section 2602 or prior

5 to the expiration of any extension granted under sec6 tion 2606(c) to establish the capabilities necessary

7 to comply with section 2602;

8 ‘‘(2) meeting the maximum capacity require9 ments set forth in the notice under section

10 2603(a)(1)(A); and

11 ‘‘(3) expanding existing facilities to accommo12 date simultaneously the number of interceptions, pen

13 registers and trap and trace devices for which notice

14 has been provided under section 2603(a)(1)(B).

15 ‘‘(b) PROCEDURES AND REGULATIONS.—Notwith16 standing any other law, the Attorney General may estab17 lish any procedures and regulations deemed necessary to

18 effectuate timely and cost-efficient reimbursement to tele19 communications carriers for reimbursable costs incurred

20 under this chapter, under chapters 119 and 121, and

21 under the Foreign Intelligence Surveillance Act of 1978

22 (50 U.S.C. 1801 et seq.).

23 ‘‘(c) DISPUTE RESOLUTION.—If there is a dispute

24 between the Attorney General and a telecommunications

25 carrier regarding the amount of reasonable costs to be re-
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1 imbursed under subsection (b), the dispute shall be re2 solved and the amount determined in a proceeding initi3 ated at the Commission under section 2606(b) or by the

4 court from which an enforcement order is sought under

5 section 2607.

6 ‘‘(d) LACK OF APPROPRIATED FUNDS.—The lack of

7 appropriated funds sufficient to reimburse telecommuni8 cations carriers for modifications under subsection (a)

9 shall be considered by the Commission or a court in deter10 mining whether compliance is reasonable under section

11 2607(c).’’.

12 (b) TECHNICAL AMENDMENT.—The part analysis for

13 part I of title 18, United States Code, is amended by in14 serting after the item relating to chapter 119 the following

15 new item:

‘‘120. Telecommunications carrier assistance to the Government ..................................................................... 2601’’.

16 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated to carry out

18 section 2608 of title 18, United States Code, as added by

19 section 1—

20 (1) a total of $500,000,000 for fiscal years

21 1995, 1996, 1997, and 1998; and

22 (2) such sums as are necessary for each fiscal

23 year thereafter.
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1 SEC. 3. EFFECTIVE DATE.

2 (a) IN GENERAL.—Except as provided in paragraph

3 (2), chapter 120 of title 18, United States Code, as added

4 by section 1, shall take effect on the date of enactment

5 of this Act.

6 (b) ASSISTANCE CAPABILITY AND SYSTEMS SECU7 RITY AND INTEGRITY REQUIREMENTS.—Sections 2602

8 and 2604 of title 18, United States Code, as added by

9 section 1, shall take effect on the date that is 4 years after

10 the date of enactment of this Act.

11 SEC. 4. REPORTS.

12 (a) REPORTS BY THE ATTORNEY GENERAL.—

13 (1) IN GENERAL.—On or before November 30,

14 1995, and on or before November 30 of each year

15 for 5 years thereafter, the Attorney General shall

16 submit to the Congress a report on the amounts

17 paid during the preceding fiscal year in reimburse18 ment to telecommunications carriers under section

19 2608 of title 18, United States Code, as added by

20 section 1.

21 (2) CONTENTS.—A report under paragraph (1)

22 shall include—

23 (A) a detailed accounting of the amounts

24 paid to each carrier and the technology, feature

25 or service for which the amounts were paid; and
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1 (B) projections of the amounts expected to

2 be paid in the current fiscal year, the carriers

3 to which reimbursement is expected to be paid,

4 and the technologies, services, or features for

5 which reimbursement is expected to be paid.

6 (b) REPORTS BY THE COMPTROLLER GENERAL.—

7 (1) IN GENERAL.—On or before April 1, 1996,

8 and April 1, 1998, the Comptroller General of the

9 United States, after consultation with the Attorney

10 General and the telecommunications industry, shall

11 submit to the Congress a report reflecting its audit

12 of the sums paid by the Attorney General to carriers

13 in reimbursement.

14 (2) CONTENTS.—A report under paragraph (1)

15 shall include the findings and conclusions of the

16 Comptroller General on the costs to be incurred

17 after the compliance date, including projections of

18 the amounts expected to be incurred and the tech19 nologies, services, or features for which expenses are

20 expected to be incurred.

21 SEC. 5. CORDLESS TELEPHONES.

22 (a) DEFINITIONS.—Section 2510 of title 18, United

23 States Code, is amended—
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1 (1) in paragraph (1) by striking ‘‘but such term

2 does not include’’ and all that follows through ‘‘base

3 unit’’; and

4 (2) in paragraph (12) by striking subparagraph

5 (A) and redesignating subparagraphs (B), (C), and

6 (D) as subparagraphs (A), (B), and (C), respec7 tively.

8 (b) PENALTY.—Section 2511 of title 18, United

9 States Code, is amended—

10 (1) in subsection (4)(b)(i) by inserting ‘‘a

11 cordless telephone communication that is transmit12 ted between the cordless telephone handset and the

13 base unit,’’ after ‘‘cellular telephone communica14 tion,’’; and

15 (2) in subsection (4)(b)(ii) by inserting ‘‘a

16 cordless telephone communication that is transmit17 ted between the cordless telephone handset and the

18 base unit,’’ after ‘‘cellular telephone communica19 tion,’’.

20 SEC. 6. RADIO-BASED DATA COMMUNICATIONS.

21 Section 2510(16) of title 18, United States Code, is

22 amended—

23 (1) by striking ‘‘or’’ at the end of subparagraph

24 (D);
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1 (2) by inserting ‘‘or’’ at the end of subpara2 graph (E); and

3 (3) by inserting after subparagraph (E) the fol4 lowing new subparagraph:

5 ‘‘(F) an electronic communication;’’

6 SEC. 7. PENALTIES FOR MONITORING RADIO COMMUNICA7 TIONS THAT ARE TRANSMITTED USING MOD8 ULATION TECHNIQUES WITH NONPUBLIC PA9 RAMETERS.

10 Section 2511(4)(b) of title 18, United States Code,

11 is amended by striking ‘‘or encrypted, then’’ and inserting

12 ‘‘, encrypted, or transmitted using modulation techniques

13 the essential parameters of which have been withheld from

14 the public with the intention of preserving the privacy of

15 such communication’’.

16 SEC. 8. TECHNICAL CORRECTION.

17 Section 2511(2)(a)(i) of title 18, United States Code,

18 is amended by striking ‘‘used in the transmission of a wire

19 communication’’ and inserting ‘‘used in the transmission

20 of a wire or electronic communication’’.

21 SEC. 9. FRAUDULENT ALTERATION OF COMMERCIAL MO22 BILE RADIO INSTRUMENTS.

23 (a) OFFENSE.—Section 1029(a) of title 18, United

24 States Code, is amended—
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1 (1) by striking ‘‘or’’ at the end of paragraph

2 (3); and

3 (2) by inserting after paragraph (4) the follow4 ing new paragraphs:

5 ‘‘(5) knowingly and with intent to defraud uses,

6 produces, traffics in, has control or custody of, or

7 possesses a telecommunications instrument that has

8 been modified or altered to obtain unauthorized use

9 of telecommunications services; or

10 ‘‘(6) knowingly and with intent to defraud uses,

11 produces, traffics in, has control or custody of, or

12 possesses—

13 ‘‘(A) a scanning receiver; or

14 ‘‘(B) hardware or software used for alter15 ing or modifying telecommunications instru16 ments to obtain unauthorized access to tele17 communications services,’’.

18 (b) PENALTY.—Section 1029(c)(2) of title 18, United

19 States Code, is amended by striking ‘‘(a)(1) or (a)(4)’’ and

20 inserting ‘‘(a) (1), (4), (5), or (6)’’.

21 (c) DEFINITIONS.—Section 1029(e) of title 18, Unit22 ed States Code, is amended—

23 (1) in paragraph (1) by inserting ‘‘electronic se24 rial number, mobile identification number, personal

25 identification number, or other telecommunications
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1 service, equipment, or instrument identifier,’’ after

2 ‘‘account number,’’;

3 (2) by striking ‘‘and’’ at the end of paragraph

4 (5);

5 (3) by striking the period at the end of para6 graph (6) and inserting ‘‘; and’’; and

7 (4) by adding at the end the following new

8 paragraph:

9 ‘‘(7) the term ‘scanning receiver’ means a de10 vice or apparatus that can be used to intercept a

11 wire or electronic communication in violation of

12 chapter 119.’’.

13 SEC. 10. TRANSACTIONAL DATA.

14 (a) DISCLOSURE OF RECORDS.—Section 2703 of title

15 18, United States Code, is amended—

16 (1) in subsection (c)—

17 (A) in subparagraph (B)—

18 (i) by striking clause (i); and

19 (ii) by redesignating clauses (ii), (iii),

20 (iv) as clauses (i), (ii), and (iii), respec21 tively; and

22 (B) by adding at the end the following new

23 subparagraph:

24 ‘‘(C) A provider of electronic communica25 tion service or remote computing service shall
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1 disclose to a governmental entity the name, bill2 ing address, and length of service of a sub3 scriber to or customer of such service and the

4 types of services the subscriber or customer uti5 lized, when the governmental entity uses an ad6 ministrative subpoena authorized by a Federal

7 or State statute or a Federal or State grand

8 jury or trial subpoena or any means available

9 under subparagraph (B).’’; and

10 (2) by amending the first sentence of subsection

11 (d) to read as follows: ‘‘A court order for disclosure

12 under subsection (b) or (c) may be issued by any

13 court that is a court of competent jurisdiction de14 scribed in section 3126(2)(A) and shall issue only if

15 the governmental entity offers specific and

16 articulable facts showing that there are reasonable

17 grounds to believe that the contents of a wire or

18 electronic communication, or the records or other in19 formation sought, are relevant and material to an

20 ongoing criminal investigation.’’.

21 (b) PEN REGISTERS AND TRAP AND TRACE DE22 VICES.—Section 3121 of title 18, United States Code, is

23 amended—

24 (1) by redesignating subsection (c) as sub25 section (d); and
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1 (2) by inserting after subsection (b) the follow2 ing new subsection:

3 ‘‘(c) LIMITATION.—A government agency authorized

4 to install and use a pen register under this chapter or

5 under State law, shall use technology reasonably available

6 to it that restricts the recording or decoding of electronic

7 or other impulses to the dialing and signalling information

8 utilized in call processing.’’.

Æ

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