II

106TH CONGRESS

2D SESSION S. 3083

To enhance privacy and the protection of the public in the use of computers

and the Internet, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 20, 2000

Mr. LEAHY (by request) introduced the following bill; which was read twice

and referred to the Committee on the Judiciary

A BILL

To enhance privacy and the protection of the public in the

use of computers and the Internet, 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 ‘‘Enhancement of Pri5 vacy and Public Safety in Cyberspace Act’’.

6 SEC. 2. COMPUTER CRIME.

7 (a) FRAUD AND RELATED ACTIVITY IN CONNECTION

8 WITH COMPUTERS.—

9 (1) OFFENSES.—Subsection (a) of section 1030

10 of title 18, United States Code, is amended—
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1 (A) in paragraph (3), by striking ‘‘accesses

2 such a computer’’ and inserting ‘‘or in excess of

3 authorization to access any nonpublic computer

4 of a department or agency of the United States,

5 accesses a computer’’; and

6 (B) in paragraph (7), by striking ‘‘, firm,

7 association, educational institution, financial in8 stitution, government entity, or other legal enti9 ty,’’.

10 (2) ATTEMPTED OFFENSES.—Subsection (b) of

11 that section is amended by inserting before the pe12 riod the following: ‘‘as if such person had committed

13 the completed offense’’.

14 (3) PUNISHMENT.—Subsection (c) of that sec15 tion is amended—

16 (A) in paragraph (1), by striking ‘‘, or an

17 attempt to commit an offense punishable under

18 this subparagraph’’ each place it appears in

19 subparagraphs (A) and (B);

20 (B) in paragraph (2)—

21 (i) by striking subparagraph (A) and

22 inserting the following new subparagraph

23 (A):

24 ‘‘(A) except as provided in subparagraphs (B)

25 and (C) of this subparagraph, a fine under this title
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1 or imprisonment for not more than one year, or

2 both, in the case of an offense under subsection

3 (a)(2), (a)(3), (a)(5), or (a)(6) of this section which

4 does not occur after a conviction for another offense

5 under this section;’’;

6 (ii) in subparagraph (B), by adding

7 ‘‘and’’ at the end; and

8 (iii) by striking subparagraph (C) and

9 inserting the following new subparagraph

10 (C):

11 ‘‘(C) a fine under this title or imprisonment for

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

13 offense under subsection (a)(5)(A) or (a)(5)(B) if

14 the offense caused (or, in the case of an attempted

15 offense, would, if completed, have caused)—

16 ‘‘(i) loss to one or more persons during any

17 one year period (including loss resulting from a

18 related course of conduct affecting one or more

19 other protected computers) aggregating at least

20 $5,000;

21 ‘‘(ii) the modification or impairment, or

22 potential modification or impairment, of the

23 medical examination, diagnosis, treatment, or

24 care of one or more individuals;

25 ‘‘(iii) physical injury to any individual;
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1 ‘‘(iv) a threat to public health or safety; or

2 ‘‘(v) damage affecting a computer system

3 used by or for a government entity in further4 ance of the administration of justice, national

5 defense, or national security;’’;

6 (C) in paragraph (3)—

7 (i) by striking ‘‘(3)(A)’’ and inserting

8 ‘‘(3)’’;

9 (ii) by striking ‘‘, (a)(5)(A),

10 (a)(5)(B),’’;

11 (iii) by striking ‘‘, or an attempt to

12 commit an offense punishable under this

13 subparagraph;’’; and

14 (iv) by striking subparagraph (B);

15 and

16 (D) by adding at the end the following new

17 paragraph:

18 ‘‘(4) a fine under this title or imprisonment for

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

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

21 (a)(5), (a)(6), or (a)(7) of this section which occurs

22 after a conviction for another offense under this sec23 tion.’’.
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1 (4) INVESTIGATIVE AUTHORITY OF UNITED

2 STATES SECRET SERVICE.—Subsection (d) of that

3 section is amended—

4 (A) in the first sentence, by striking ‘‘sub5 sections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4),

6 (a)(5), and (a)(6) of’’; and

7 (B) in the second sentence, by striking

8 ‘‘which shall be entered into by’’ and inserting

9 ‘‘between’’.

10 (5) DEFINITIONS.—Subsection (e) of that sec11 tion is amended—

12 (A) in paragraph (2)(B), by inserting be13 fore the semicolon the following: ‘‘, including a

14 computer located outside the United States’’;

15 (B) in paragraph (7), by striking ‘‘and’’ at

16 the end;

17 (C) in paragraph (8), by striking ‘‘or infor18 mation,’’ and all that follows through the end of

19 the paragraph and inserting ‘‘or information;’’;

20 (D) in paragraph (9), by striking the pe21 riod at the end and inserting a semicolon; and

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

23 paragraphs:

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

25 under this section’ includes—
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1 ‘‘(A) an adjudication of juvenile delin2 quency for a violation of this section; and

3 ‘‘(B) a conviction under State law for a

4 crime punishable by imprisonment for more

5 than one year, an element of which is unauthor6 ized access, or exceeding authorized access, to a

7 computer;

8 ‘‘(11) the term ‘loss’ means any reasonable cost

9 to any victim, including responding to the offense,

10 conducting a damage assessment, restoring any

11 data, program, system, or information to its condi12 tion before the offense, and any revenue lost or costs

13 incurred because of interruption of service; and

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

15 firm, association, educational institution, financial

16 institution, corporation, company, partnership, soci17 ety, government entity, or other legal entity.’’.

18 (6) CIVIL ACTIONS.—Subsection (g) of that sec19 tion is amended to read as follows:

20 ‘‘(g) Any person who suffers damage or loss by rea21 son of a violation of this section may maintain a civil ac22 tion against the violator to obtain compensatory damages

23 and injunctive or other equitable relief. An action under

24 this subsection for a violation of subsection (a)(5) may be

25 brought only if the conduct involves one or more of the
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1 factors set forth in subsection (c)(2)(C). No action may

2 be brought under this subsection unless such action is

3 begun within 2 years of the date of the act complained

4 of or the date of the discovery of the damage.’’.

5 (7) FORFEITURE.—That section is further

6 amended—

7 (A) by redesignating subsection (h) as sub8 section (j); and

9 (B) by inserting after subsection (g), as

10 amended by paragraph (6) of this subsection,

11 the following new subsections (h) and (i):

12 ‘‘(h)(1) The court, in imposing sentence on any per13 son convicted of a violation of this section, shall order,

14 in addition to any other sentence imposed and irrespective

15 of any provision of State law, that such person forfeit to

16 the United States—

17 ‘‘(A) such person’s interest in any property,

18 whether real or personal, that was used or intended

19 to be used to commit or to facilitate the commission

20 of such violation; and

21 ‘‘(B) any property, whether real or personal,

22 constituting or derived from, any proceeds that such

23 person obtained, whether directly or indirectly, as a

24 result of such violation.
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1 ‘‘(2) The criminal forfeiture of property under this

2 subsection, any seizure and disposition thereof, and any

3 administrative or judicial proceeding in relation thereto,

4 shall be governed by the provisions of section 413 of the

5 Comprehensive Drug Abuse Prevention and Control Act

6 of 1970 (21 U.S.C. 853), except subsection (d) of that

7 section.

8 ‘‘(i)(1) The following shall be subject to forfeiture to

9 the United States, and no property right shall exist in

10 them:

11 ‘‘(A) Any property, whether real or personal,

12 used or intended to be used to commit or to facili13 tate the commission of any violation of this section.

14 ‘‘(B) Any property, whether real or personal,

15 which constitutes or is derived from proceeds trace16 able to any violation of this section.

17 ‘‘(2) The provisions of chapter 46 of this title relating

18 to civil forfeiture shall apply to any seizure or civil for19 feiture under this subsection.’’.

20 (b) AMENDMENTS TO SENTENCING GUIDELINES.—

21 Pursuant to its authority under section 994(p) of title 28,

22 United States Code, the United States Sentencing Com23 mission shall amend the sentencing guidelines to ensure

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

25 or a felony violation of paragraph (5)(A), but not a felony
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1 violation of paragraph (5)(B) or (5)(C), of section 1030(a)

2 of title 18, United States Code, is imprisoned for not less

3 than 6 months.

4 (c) COMMUNICATIONS MATTERS.—

5 (1) IN GENERAL.—Section 223(a)(1) of the

6 Communications Act of 1934 (47 U.S.C. 223(a)(1))

7 is amended—

8 (A) in subparagraphs (C) and (E), by in9 serting ‘‘or interactive computer service’’ after

10 ‘‘telecommunications device’’;

11 (B) in subparagraph (D), by striking ‘‘or’’

12 at the end; and

13 (C) by adding after subparagraph (E) the

14 following new subparagraph:

15 ‘‘(F) with the intent to cause the unavail16 ability of a telecommunications device or inter17 active computer service, or to cause damage to

18 a protected computer (as those terms are de19 fined in section 1030 of title 18, United States

20 Code), causes or attempts to cause one or more

21 other persons to initiate communication with

22 such telecommunications device, interactive

23 computer service, or protected computer; or’’.

24 (2) CONFORMING AMENDMENT.—The section

25 heading of that section is amended by striking
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1 ‘‘TELEPHONE CALLS’’ and inserting ‘‘COM2 MUNICATIONS’’.

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

4 COMMUNICATIONS.

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

6 States Code, is amended—

7 (1) in paragraph (1), by striking ‘‘electronic

8 storage’’ and inserting ‘‘interim storage’’;

9 (2) in paragraph (10), by striking ‘‘section

10 153(h) of title 47 of the United States Code’’ and

11 inserting ‘‘section 3(10) of the Communications Act

12 of 1934 (47 U.S.C. 153(10))’’;

13 (3) in paragraph (14)—

14 (A) by striking ‘‘of electronic’’ and insert15 ing ‘‘of wire or electronic’’; and

16 (B) by striking ‘‘electronic storage’’ and

17 inserting ‘‘interim storage’’; and

18 (4) in paragraph (17)—

19 (A) by striking ‘‘ ‘electronic storage’ ’’ and

20 inserting ‘‘ ‘interim storage’ ’’; and

21 (B) in subparagraph (A), by inserting ‘‘by

22 an electronic communication service’’ after ‘‘in23 termediate storage’’.
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1 (b) PROHIBITION ON INTERCEPTION AND DISCLO2 SURE OF COMMUNICATIONS.—Section 2511 of that title

3 is amended—

4 (1) in subsection (2)—

5 (A) in paragraph (a)(i), by striking ‘‘on of6 ficer’’ and inserting ‘‘an officer’’;

7 (B) in paragraph (f)—

8 (i) by inserting ‘‘or 206’’ after ‘‘chap9 ter 121’’; and

10 (ii) by striking ‘‘wire and oral’’ and

11 inserting ‘‘wire, oral, and electronic’’; and

12 (C) in paragraph (g), by striking clause (i)

13 and inserting the following new clause (i):

14 ‘‘(i) to intercept or access a wire or electronic

15 communication (other than a radio communication)

16 made through an electronic communications system

17 that is configured so that such communication is

18 readily accessible to the general public;’’; and

19 (2) in subsection (4)—

20 (A) in paragraph (a), by striking ‘‘in para21 graph (b) of this subsection or’’;

22 (B) by striking paragraph (b); and

23 (C) by redesignating paragraph (c) as

24 paragraph (b).
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1 (c) PROHIBITION ON USE OF EVIDENCE OF INTER2 CEPTED COMMUNICATIONS.—Section 2515 of that title is

3 amended—

4 (1) by striking ‘‘Whenever any wire or oral

5 communication’’ and inserting ‘‘(a) Except as pro6 vided in subsection (b), whenever any wire, oral, or

7 electronic communication’’; and

8 (2) by adding at the end the following new sub9 section:

10 ‘‘(b) Subsection (a) shall not apply to the disclosure,

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

12 criminal proceeding, of the contents of a communication,

13 or evidence derived therefrom, against a person alleged to

14 have intercepted, used, or disclosed the communication in

15 violation of this chapter, or participated in such viola16 tion.’’.

17 (d) AUTHORIZATION FOR INTERCEPTION OF COMMU18 NICATIONS.—Section 2516 of that title is amended—

19 (1) in subsection (1)—

20 (A) by striking ‘‘wire or oral’’ in the mat21 ter preceding paragraph (a) and inserting

22 ‘‘wire, oral, or electronic’’;

23 (B) in paragraph (b), by inserting

24 ‘‘threat,’’ after ‘‘robbery,’’;
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1 (C) by striking the first paragraph (p) and

2 inserting the following new paragraph (p):

3 ‘‘(p) a felony violation of section 1030 of this

4 title (relating to computer fraud and abuse), a felony

5 violation of section 223 of the Communications Act

6 of 1934 (47 U.S.C. 223) (relating to abusive com7 munications in interstate or foreign commerce), or a

8 violation of section 1362 of this title (relating to de9 struction of government communications facilities);

10 or’’; and

11 (D) by redesignating the second paragraph

12 (p) as paragraph (q); and

13 (2) in subsection (3), by striking ‘‘electronic

14 communications’’ and inserting ‘‘one-way pager com15 munications’’.

16 (e) AUTHORIZATION FOR DISCLOSURE OR USE OF

17 INTERCEPTED COMMUNICATIONS.—Section 2517 of that

18 title is amended in subsections (1) and (2) by inserting

19 ‘‘or under the circumstances described in section 2515(b)

20 of this title’’ after ‘‘by any means authorized by this chap21 ter’’.

22 (f) PROCEDURE FOR INTERCEPTION.—Section 2518

23 of that title is amended—

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

25 (d)’’ and inserting ‘‘subsection (8)(d)’’; and
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1 (2) in subsection (10)—

2 (A) in paragraph (a)—

3 (i) in the matter preceding subpara4 graph (i), by striking ‘‘wire or oral’’ and

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

6 (ii) in the flush matter following sub7 paragraph (iii)—

8 (I) by striking ‘‘intercepted wire

9 or oral communication’’ and inserting

10 ‘‘intercepted communication’’; and

11 (II) by adding at the end the fol12 lowing new sentence: ‘‘No suppression

13 may be ordered under this paragraph

14 under the circumstances described in

15 section 2515(b) of this title.’’; and

16 (B) by striking paragraph (c).

17 (g) CIVIL DAMAGES.—Section 2520(c)(2) of that title

18 is amended—

19 (1) in the matter preceding subparagraph (A)—

20 (A) by striking ‘‘court may’’ and inserting

21 ‘‘court shall’’; and

22 (B) by striking ‘‘greater’’ and inserting

23 ‘‘greatest’’;

24 (2) in subparagraph (A), by striking ‘‘or’’ at

25 the end;
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1 (3) in subparagraph (B), by striking ‘‘whichever

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

3 or $10,000.’’ and inserting ‘‘$500 a day for each

4 day of violation; or’’; and

5 (4) by adding at the end the following new sub6 paragraph:

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

8 (h) CONFORMING AND CLERICAL AMENDMENTS.—

9 (1) CONFORMING AMENDMENT.—The section

10 heading of section 2515 of that title is amended to

11 read as follows:

12 ‘‘§ 2515. Prohibition on use as evidence of intercepted

13 wire, oral, or electronic communica14 tions’’.

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 119 of that title

17 is amended by striking the item relating to section

18 2515 and inserting the following new item:

‘‘2515. Prohibition on use as evidence of intercepted wire, oral, or electronic

communications.’’.

19 SEC. 4. ELECTRONIC COMMUNICATIONS PRIVACY.

20 (a) UNLAWFUL ACCESS TO STORED COMMUNICA21 TIONS.—Section 2701 of title 18, United States Code, is

22 amended—

23 (1) in subsection (a) by striking ‘‘electronic

24 storage’’ and inserting ‘‘interim storage’’;
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1 (2) in subsection (b)—

2 (A) in paragraph (1)—

3 (i) by striking ‘‘purposes of’’ in the

4 matter preceding subparagraph (A) and in5 serting ‘‘a tortious or illegal purpose,’’;

6 (ii) in subparagraph (A) by striking

7 ‘‘one year’’ and inserting ‘‘five years’’; and

8 (iii) in subparagraph (B) by striking

9 ‘‘two years’’ and inserting ‘‘ten years’’; and

10 (B) by striking paragraph (2) and insert11 ing the following new paragraph (2):

12 ‘‘(2) in any other case—

13 ‘‘(A) a fine under this title or imprison14 ment for not more than one year, or both, in

15 the case of a first offense under this subpara16 graph; and

17 ‘‘(B) a fine under this title or imprison18 ment for not more than five years, or both, for

19 any subsequent offense under this subpara20 graph.’’.

21 (b) DISCLOSURE OF CONTENTS.—Section 2702 of

22 that title is amended—

23 (1) in subsection (a)—

24 (A) in paragraph (1)—
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1 (i) by striking ‘‘person or entity pro2 viding an’’ and inserting ‘‘provider of’’;

3 (ii) by striking ‘‘electronic storage’’

4 and inserting ‘‘interim storage’’; and

5 (iii) by striking ‘‘and’’ at the end;

6 (B) in paragraph (2)—

7 (i) by striking ‘‘person or entity pro8 viding’’ and inserting ‘‘provider of’’; and

9 (ii) striking the period at the end and

10 inserting ‘‘; and’’; and

11 (C) by adding at the end the following new

12 paragraph:

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

14 electronic communication service to the public shall

15 not knowingly divulge a record or other information

16 pertaining to a subscriber to or customer of such

17 service (not including the contents of communica18 tions covered by paragraph (1) or (2) of this sub19 section) to any governmental entity.’’;

20 (2) in subsection (b)—

21 (A) in the subsection caption, by inserting

22 ‘‘FOR DISCLOSURE OF COMMUNICATIONS’’ after

23 ‘‘EXCEPTIONS’’;
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1 (B) in the matter preceding paragraph (1),

2 by striking ‘‘person or entity’’ and inserting

3 ‘‘provider described in subsection (a)’’;

4 (C) in paragraph (6)—

5 (i) in subparagraph (A)(ii), by strik6 ing ‘‘or’’ at the end;

7 (ii) in subparagraph (B), by striking

8 the period at the end and inserting ‘‘; or’’;

9 and

10 (iii) by adding at the end the fol11 lowing new subparagraph:

12 ‘‘(C) if the provider reasonably believes

13 that an emergency involving immediate danger

14 of death or serious physical injury to any per15 son justifies disclosure of the information.’’;

16 and

17 (3) by adding at the end the following new sub18 section:

19 ‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER

20 RECORDS.—A provider described in subsection (a) may di21 vulge a record or other information pertaining to a sub22 scriber to or customer of such service (not including the

23 contents of communications covered by paragraph (1) or

24 (2) of subsection (a))—
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1 ‘‘(1) as otherwise authorized in section 2703 of

2 this title;

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

4 subscriber;

5 ‘‘(3) as may be necessarily incident to the ren6 dition of the service or to the protection of the rights

7 or property of the provider of that service;

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

9 reasonably believes that an emergency involving im10 mediate danger of death or serious physical injury to

11 any person justifies disclosure of the information; or

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

13 entity if not otherwise prohibited by law.’’.

14 (c) REQUIREMENTS FOR GOVERNMENTAL ACCESS.—

15 Section 2703 of that title is amended—

16 (1) in subsection (a), by striking ‘‘electronic

17 storage’’ each place it appears and inserting ‘‘in18 terim storage’’;

19 (2) in subsection (b)(1)(B), by striking clause

20 (i) and inserting the following new clause (i):

21 ‘‘(i) uses a Federal or State grand jury or

22 trial subpoena, or a subpoena or equivalent

23 process authorized by a Federal or State stat24 ute; or’’;

25 (3) in subsection (c)—
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1 (A) by redesignating paragraph (2) as

2 paragraph (3);

3 (B) by redesignating subparagraph (C) of

4 paragraph (1) as paragraph (2);

5 (C) in paragraph (2), as so redesignated—

6 (i) by striking ‘‘an administrative sub7 poena authorized by a Federal or State

8 statute or a Federal or State grand jury or

9 trial subpoena’’ and inserting ‘‘a Federal

10 or State grand jury or trial subpoena, or

11 a subpoena or equivalent process author12 ized by a Federal or State statute,’’; and

13 (ii) by striking ‘‘subparagraph (B).’’

14 and inserting ‘‘paragraph (1).’’; and

15 (D) in paragraph (1)—

16 (i) by striking ‘‘(A) Except as pro17 vided in subparagraph (B),’’ and inserting

18 ‘‘A governmental entity may require’’;

19 (ii) by striking ‘‘may disclose’’ and in20 serting ‘‘to disclose’’;

21 (iii) by striking ‘‘to any person other

22 than a governmental entity.’’;

23 (iv) by striking ‘‘(B) A provider of’’

24 through ‘‘to a governmental entity’’;
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1 (v) by redesignating clauses (i)

2 through (iv) as subparagraphs (A) through

3 (D);

4 (vi) by striking ‘‘or’’ at the end of

5 subparagraph (C), as so redesignated;

6 (vii) by striking the period at the end

7 of subparagraph (D), as so redesignated,

8 and inserting ‘‘; or’’; and

9 (viii) by adding after subparagraph

10 (D), as so redesignated, the following new

11 subparagraph:

12 ‘‘(E) seeks information pursuant to para13 graph (2).’’; and

14 (4) in subsection (d)—

15 (A) by striking ‘‘subsection (c)’’ and in16 serting ‘‘subsection (c)(1)’’; and

17 (B) by striking ‘‘section 3127(2)(A)’’ and

18 inserting ‘‘section 3127(2)’’.

19 (d) DELAYED NOTICE.—Section 2705(a) of that title

20 is amended—

21 (1) in paragraph (1)(B), by striking ‘‘an admin22 istrative subpoena authorized by a Federal or State

23 statute or a Federal or State grand jury subpoena’’

24 and inserting ‘‘a Federal or State grand jury or trial
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1 subpoena, or a subpoena or equivalent process au2 thorized by a Federal or State statute,’’; and

3 (2) in paragraph (4), by striking ‘‘by the court’’

4 and all that follows through the end of the para5 graph and inserting ‘‘, upon application, if the court

6 determines that there is reason to believe that notifi7 cation of the existence of the court order or sub8 poena may have an adverse result described in para9 graph (2) of this subsection.’’.

10 (e) CIVIL ACTION.—Section 2707(e)(1) of that title

11 is amended by inserting ‘‘a request of a governmental enti12 ty under section 2703(f) of this title,’’ after ‘‘subpoena,’’.

13 (f) CONFORMING AND CLERICAL AMENDMENTS.—

14 (1) CONFORMING AMENDMENTS.—(A) The sec15 tion heading of section 2702 of that title is amended

16 to read as follows:

17 ‘‘§ 2702. Voluntary disclosure of customer commu18 nications or records’’.

19 (B) The section heading of section 2703 of that

20 title is amended to read as follows:

21 ‘‘§ 2703. Required disclosure of customer communica22 tions or records’’.

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 121 of that title

25 is amended by striking the items relating to sections
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1 2702 and 2703 and inserting the following new

2 items:

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

‘‘2703. Required disclosure of customer communications or records.’’.

3 SEC. 5. PEN REGISTERS AND TRAP AND TRACE DEVICES.

4 (a) GENERAL PROHIBITION ON USE.—Section

5 3121(c) of title 18, United States Code, is amended—

6 (1) by inserting ‘‘or trap and trace device’’

7 after ‘‘pen register’’;

8 (2) by inserting ‘‘, routing, addressing,’’ after

9 ‘‘dialing’’; and

10 (3) by striking ‘‘call processing’’ and inserting

11 ‘‘the processing and transmitting of wire and elec12 tronic communications’’.

13 (b) APPLICATION FOR ORDER.—Section 3122(b)(2)

14 of that title is amended by striking ‘‘certification by the

15 applicant’’ and inserting ‘‘statement of facts showing’’.

16 (c) ISSUANCE OF ORDER.—Section 3123 of that title

17 is amended—

18 (1) by striking subsection (a) and inserting the

19 following new subsection (a):

20 ‘‘(a) IN GENERAL.—(1) Upon an application made

21 under section 3122(a)(1) of this title, the court shall enter

22 an ex parte order authorizing the installation and use of

23 a pen register or a trap and trace device if the court finds,

24 based on facts contained in the application, that the infor-
24

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1 mation likely to be obtained by such installation and use

2 is relevant to an ongoing criminal investigation. Such

3 order shall, upon service of such order, apply to any entity

4 providing wire or electronic communication service in the

5 United States whose assistance may facilitate the execu6 tion of the order.

7 ‘‘(2) Upon an application made under section

8 3122(a)(2) of this title, the court shall enter an ex parte

9 order authorizing the installation and use of a pen register

10 or a trap and trace device within the jurisdiction of the

11 court if the court finds, based on facts contained in the

12 application, that the information likely to be obtained by

13 such installation and use is relevant to an ongoing crimi14 nal investigation.’’;

15 (2) in subsection (b)(1)—

16 (A) in subparagraph (A)—

17 (i) by inserting ‘‘or other facility’’

18 after ‘‘line’’; and

19 (ii) by inserting ‘‘or applied’’ after

20 ‘‘attached’’; and

21 (B) in subparagraph (C)—

22 (i) by striking ‘‘the number’’ and in23 serting ‘‘the attributes of the communica24 tions to which the order applies, such as

25 the number or other identifier,’’;
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1 (ii) by striking ‘‘physical’’;

2 (iii) by inserting ‘‘or other facility’’

3 after ‘‘line’’;

4 (iv) by inserting ‘‘or applied’’ after

5 ‘‘attached’’; and

6 (v) by inserting ‘‘authorized under

7 subsection (a)(2) of this section’’ after ‘‘de8 vice’’ the second place it appears; and

9 (4) in subsection (d)(2)—

10 (A) by inserting ‘‘or other facility’’ after

11 ‘‘line’’;

12 (B) by inserting ‘‘or applied’’ after ‘‘at13 tached’’; and

14 (C) by striking ‘‘has been ordered by the

15 court’’ and inserting ‘‘is obligated by the

16 order’’.

17 (d) EMERGENCY INSTALLATION.—Section

18 3125(a)(1) of that title is amended—

19 (1) in subparagraph (A), by striking ‘‘or’’ at

20 the end;

21 (2) in subparagraph (B), by striking the comma

22 at the end and inserting a semicolon; and

23 (3) by adding at the end the following new sub24 paragraphs:
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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 punishable

5 pursuant to section 1030(c)(2)(C) of this

6 title,’’.

7 (e) DEFINITIONS.—Section 3127 of that title is

8 amended—

9 (1) in paragraph (2), by striking subparagraph

10 (A) and inserting the following new subparagraph

11 (A):

12 ‘‘(A) any district court of the United

13 States (including a magistrate judge of such a

14 court) or United States Court of Appeals hav15 ing jurisdiction over the offense being inves16 tigated; or’’;

17 (2) in paragraph (3)—

18 (A) by striking ‘‘electronic or other im19 pulses which identify the numbers dialed or oth20 erwise transmitted on the telephone line to

21 which such device is attached’’ and inserting

22 ‘‘dialing, routing, addressing, and signaling in23 formation transmitted by an instrument or fa24 cility from which a wire or electronic commu25 nication is transmitted’’; and
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1 (B) by inserting ‘‘or process’’ after ‘‘de2 vice’’ each place it appears;

3 (3) in paragraph (4)—

4 (A) by inserting ‘‘or process’’ after ‘‘a de5 vice’’; and

6 (B) by striking ‘‘of an instrument or device

7 from which a wire or electronic communication

8 was transmitted’’ and inserting ‘‘or other dial9 ing, routing, addressing, and signaling informa10 tion relevant to identifying the source of a wire

11 or electronic communication’’;

12 (4) in paragraph (5), by striking ‘‘and’’ at the

13 end;

14 (5) in paragraph (6), by striking the period at

15 the end and inserting ‘‘; and’’; and

16 (6) by adding at the end the following new

17 paragraph:

18 ‘‘(7) the term ‘protected computer’ has the

19 meaning given that term in section 1030(e) of this

20 title.’’.

21 SEC. 6. JUVENILE MATTERS.

22 Section 5032 of title 18, United States Code, is

23 amended in the first undesignated paragraph by inserting

24 after ‘‘section 924(b), (g), or (h) of this title,’’ the fol25 lowing: ‘‘or is a violation of section 1030(a)(1), section
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1 1030(a)(2)(B), section 1030(a)(3), or a felony violation of

2 section 1030(a)(5) where such felony violation of section

3 1030(a)(5) is eligible for punishment under section

4 1030(c)(2)(C)(ii) through (v) of this title,’’.

5 SEC. 7. PROTECTION OF CABLE SERVICE SUBSCRIBER PRI6 VACY.

7 Section 631 of the Communications Act of 1934 (47

8 U.S.C. 551) is amended—

9 (1) in subsection (c)(2)—

10 (A) in subparagraph (B), by striking ‘‘or’’

11 at the end;

12 (B) in subparagraph (C), by striking the

13 period at the end and inserting ‘‘; or’’; and

14 (C) by adding at the end the following new

15 subparagraph:

16 ‘‘(D) required under chapter 119, 121, or

17 206 of title 18, United States Code, except that

18 disclosure under this subparagraph shall not in19 clude records revealing customer cable television

20 viewing activity.’’; and

21 (2) in subsection (h), by striking ‘‘A govern22 mental entity’’ and inserting ‘‘Except as provided in

23 subsection (c)(2)(D), a governmental entity’’.

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