II

104TH CONGRESS

2D SESSION S. 1947

To provide for a process to authorize the use of clone pagers, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 11, 1996

Mr. DEWINE introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To provide for a process to authorize the use of clone pagers,

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 ‘‘Clone Pager Author5 ization Act of 1996’’.

6 SEC. 2. WIRE AND ELECTRONIC COMMUNICATIONS.

7 Section 2511(2)(h) of title 18, United States Code,

8 is amended—

9 (1) in clause (i), by striking ‘‘or’’ at the end;
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1 (2) by redesignating clause (ii) as clause (iii);

2 and

3 (3) by inserting after clause (i) the following

4 new clause:

5 ‘‘(ii) to use a clone pager (as that term is de6 fined in section 3127(5) of this title);’’.

7 SEC. 3. AMENDMENT OF CHAPTER 206.

8 Chapter 206 of title 18, United States Code, is

9 amended—

10 (1) in the chapter heading, by striking ‘‘AND

11 TRAP AND TRACE DEVICES’’ and inserting ‘‘,

12 TRAP AND TRACE DEVICES, AND CLONE

13 PAGERS’’;

14 (2) in the chapter analysis—

15 (A) by striking ‘‘and trap and trace de16 vice’’ each place that term appears and insert17 ing ‘‘trap and trace device, and clone pager’’;

18 and

19 (B) by striking ‘‘or a trap and trace de20 vice’’ each place that term appears and insert21 ing ‘‘, a trap and trace device, or a clone

22 pager’’;

23 (3) in section 3121—

24 (A) in the section heading, by striking

25 ‘‘and trap and trace device’’ and insert-
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1 ing ‘‘, trap and trace device, and clone

2 pager’’; and

3 (B) by striking ‘‘or a trap and trace de4 vice’’ each place that term appears and insert5 ing ‘‘, a trap and trace device, or a clone

6 pager’’;

7 (4) in section 3122—

8 (A) in the section heading, by striking ‘‘or

9 a trap and trace device’’ and inserting ‘‘,

10 a trap and trace device, or a clone

11 pager’’; and

12 (B) by striking ‘‘or a trap and trace de13 vice’’ each place that term appears and insert14 ing ‘‘, a trap and trace device, or a clone

15 pager’’;

16 (5) in section 3123—

17 (A) in the section heading, by striking ‘‘or

18 a trap and trace device’’ and inserting ‘‘,

19 a trap and trace device, or a clone

20 pager’’;

21 (B) in subsection (a), by striking ‘‘or a

22 trap and trace device’’ and inserting ‘‘, a trap

23 and trace device, or a clone pager’’;

24 (C) in subsection (b)(1)—
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1 (i) in subparagraph (A), by inserting

2 before the semicolon the following: ‘‘, or in

3 the case of a clone pager, the identity, if

4 known, of the person to whom is leased or

5 in whose name is listed the paging device

6 to which the clone pager is identically pro7 grammed’’; and

8 (ii) in subparagraph (D), by inserting

9 before the semicolon the following: ‘‘, or in

10 the case of a clone pager, the number of

11 the paging device to which the clone pager

12 is identically programmed’’; and

13 (D) in subsection (d)—

14 (i) in the subsection heading, by strik15 ing ‘‘OR TRAP AND TRACE DEVICE’’ and

16 inserting ‘‘, TRAP AND TRACE DEVICE, OR

17 CLONE PAGER’’; and

18 (ii) in paragraph (2), by inserting ‘‘or

19 the paging device to which the clone pager

20 is identically programmed,’’ after ‘‘at21 tached,’’;

22 (6) in section 3124—

23 (A) in the section heading, by striking ‘‘or

24 a trap and trace device’’ and inserting ‘‘,
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1 a trap and trace device, or a clone

2 pager’’;

3 (B) by redesignating subsections (c)

4 through (f) as subsections (d) through (g), re5 spectively; and

6 (C) by inserting after subsection (b) the

7 following:

8 ‘‘(c) CLONE PAGER.—Upon the request of an attor9 ney for the government or an officer of a law enforcement

10 agency authorized to acquire and use a clone pager under

11 this chapter, a Federal court may order, in accordance

12 with section 3123(b)(2), a provider of a paging service or

13 other person to furnish to such investigative or law en14 forcement officer, all information, facilities, and technical

15 assistance necessary to accomplish the programming and

16 use of the clone pager unobtrusively and with a minimum

17 of interference with the services that the person so ordered

18 by the court accords the party with respect to whom the

19 programming and use is to take place.’’;

20 (7) in section 3125—

21 (A) in the section heading, by striking

22 ‘‘and trap and trace device’’ and insert23 ing ‘‘, trap and trace device, and clone

24 pager’’;

25 (B) in subsection (a)—
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1 (i) by striking ‘‘or a trap and trace

2 device’’ and inserting ‘‘, a trap and trace

3 device, or a clone pager’’; and

4 (ii) by striking the quotation marks at

5 the end; and

6 (C) by striking ‘‘or trap and trace device’’

7 each place that term appears and inserting ‘‘,

8 trap and trace device, or clone pager’’;

9 (8) in section 3126—

10 (A) in the section heading, by striking

11 ‘‘and trap and trace devices’’ and insert12 ing ‘‘, trap and trace devices, and

13 clone pagers’’; and

14 (B) by inserting ‘‘or clone pagers’’ after

15 ‘‘devices’’; and

16 (9) in section 3127—

17 (A) by redesignating paragraphs (5) and

18 (6) as paragraphs (6) and (7), respectively; and

19 (B) by inserting after paragraph (4), the

20 following:

21 ‘‘(5) the term ‘clone pager’ means a device

22 that—

23 ‘‘(A) is programmed identically to any

24 numeric digital display paging device; and
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1 ‘‘(B) allows the user to receive messages at

2 the same time as the user of the paging de3 vice;’’.

Æ