I 

113TH CONGRESS 

1ST SESSION H. R. 3557 

To amend title 18, United States Code, to provide increased protections 

for consumer or subscriber password information, and to amend the 

Foreign Intelligence Surveillance Act of 1978 to provide that the Director 

of the Federal Bureau of Investigation may not access password information pursuant to an order under section 501 of that Act, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 20, 2013 

Mr. GOSAR introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Select Committee on Intelligence 

(Permanent Select), for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend title 18, United States Code, to provide increased 

protections for consumer or subscriber password information, and to amend the Foreign Intelligence Surveillance 

Act of 1978 to provide that the Director of the Federal 

Bureau of Investigation may not access password information pursuant to an order under section 501 of that 

Act, 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 ‘‘Reasonable Expecta3 tion of American Privacy Act of 2013’’ or the ‘‘REAP Act 

4 of 2013’’. 

5 SEC. 2. INCREASED PROTECTIONS RELATING TO VOL6 UNTARY DISCLOSURE OF PASSWORD INFOR7 MATION. 

8 Section 2702 of title 18, United States Code, is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) in the matter preceding paragraph (1), 

12 by striking ‘‘subsection (b) or (c)’’ and insert13 ing ‘‘subsection (b), (c), or (d)’’; 

14 (B) in paragraph (2), by striking ‘‘and’’ at 

15 the end; 

16 (C) in paragraph (3)— 

17 (i) by inserting after ‘‘(not including 

18 the contents of communications covered by 

19 paragraph (1) or (2)’’ the following: ‘‘, or 

20 the password information covered by para21 graph (4)’’; and 

22 (ii) by striking the period at the end 

23 and inserting ‘‘; and’’; and 

24 (D) by inserting after paragraph (3) the 

25 following: 


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1 ‘‘(4) a person or entity providing an electronic 

2 communication service or a remote computing serv3 ice to the public shall not knowingly divulge to any 

4 person or entity the password information pertaining 

5 to a subscriber or customer of such service.’’; 

6 (2) in subsection (c), by inserting after ‘‘(not 

7 including the contents of communications covered by 

8 subsection (a)(1) or (2)’’ the following: ‘‘, or the 

9 password information covered by subsection (a)(4)’’; 

10 (3) by redesignating subsection (d) as sub11 section (e); 

12 (4) by inserting after subsection (c) the fol13 lowing: 

14 ‘‘(d) EXCEPTIONS FOR DISCLOSURE OF PASSWORD

15 INFORMATION.—A provider described in subsection (a) 

16 may divulge the password information pertaining to a sub17 scriber or customer of such service— 

18 ‘‘(1) as otherwise authorized in 2703 of this 

19 title; 

20 ‘‘(2) with the lawful consent of the subscriber 

21 or customer; 

22 ‘‘(3) as may be necessarily incident to the ren23 dition of the service or to the protection of the rights 

24 or property of the provider of that service; 


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1 ‘‘(4) to the National Center for Missing and 

2 Exploited Children, in connection with a report sub3 mitted thereto under section 2258A; or 

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

5 in good faith, believes that an emergency involving 

6 danger of death or serious physical injury to any 

7 person requires disclosure without delay of password 

8 information relating to the emergency.’’; and 

9 (5) in subsection (e), as so redesignated, by in10 serting after ‘‘subsection (b)(8)’’ each place it ap11 pears, the following: ‘‘or (d)(5)’’. 

12 SEC. 3. INCREASED PROTECTIONS RELATING TO RE13 QUIRED DISCLOSURE OF CUSTOMER COMMU14 NICATIONS AND PASSWORD INFORMATION. 

15 (a) IN GENERAL.—Section 2703 of title 18, United 

16 States Code, is amended— 

17 (1) in subsection (a)— 

18 (A) in the first sentence, by inserting after 

19 ‘‘A governmental entity may require the disclo20 sure by a provider of electronic communication 

21 service’’ the following: ‘‘or remote computing 

22 service’’; 

23 (B) by striking ‘‘in an electronic commu24 nications system for one hundred and eighty 

25 days or less’’; and 


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1 (C) by striking the second sentence; 

2 (2) by amending subsection (b) to read as fol3 lows: 

4 ‘‘(b) PASSWORD INFORMATION.—A governmental en5 tity may require a provider of electronic communication 

6 service or remote computing service to disclose the pass7 word information pertaining to a subscriber or customer 

8 of such service only pursuant to a warrant issued using 

9 the procedures described in the Federal Rules of Criminal 

10 Procedure (or in the case of a State court, issued using 

11 State warrant procedures) by a court of competent juris12 diction.’’; 

13 (3) in subsection (c)(1), by inserting after ‘‘(not 

14 including the contents of communications’’ the fol15 lowing: ‘‘or the password information pertaining to 

16 a subscriber or customer of such service’’; and 

17 (4) in subsection (d), by striking ‘‘subsection 

18 (b) or (c)’’ and inserting ‘‘subsection (c)’’. 

19 (b) CONFORMING AMENDMENTS.—Chapter 121 of 

20 title 18, United States Code, is amended— 

21 (1) in section 2701(c)(3), by striking ‘‘, 2704,’’; 

22 (2) by repealing sections 2704 and 2705; and 

23 (3) in section 2706, by striking ‘‘section 2702, 

24 2703, or 2704’’ and inserting ‘‘section 2702 or 

25 2703’’. 


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1 SEC. 4. PASSWORD INFORMATION EXCLUDED FROM TRANS2 ACTIONAL RECORDS AVAILABLE PURSUANT 

3 TO A COUNTERINTELLIGENCE REQUEST. 

4 Section 2709 of title 18, United States Code, is 

5 amended by inserting after subsection (f), the following: 

6 ‘‘(g) PASSWORD INFORMATION.—A request made 

7 pursuant to subsection (b) for electronic communication 

8 transactional records may not include a request for the 

9 password information pertaining to a subscriber or cus10 tomer of a provider of electronic communication service 

11 or remote computing service.’’. 

12 SEC. 5. PASSWORD INFORMATION EXCLUDED FROM TAN13 GIBLE THINGS REQUIRED TO BE PRODUCED 

14 THROUGH A FISA COURT ORDER. 

15 Section 501(a)(1) of the Foreign Intelligence Surveil16 lance Act of 1978 (50 U.S.C. 1861(a)(1)) is amended by 

17 inserting after ‘‘tangible things (including books, records, 

18 papers, documents, and other items’’ the following: ‘‘, but 

19 not including password information pertaining to a cus20 tomer or subscriber of a provider of electronic communica21 tion service or remote computing service (as such terms 

22 are defined in section 2510 and 2711 of title 18, United 

23 States Code, respectively)’’. 

Æ 


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