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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2375 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2375

_______________________________________________________________________

                                 AN ACT

        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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 2375

_______________________________________________________________________

                                 AN ACT

 
        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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 119 the following new chapter:

 ``CHAPTER 120--TELECOMMUNICATIONS CARRIER ASSISTANCE TO THE GOVERNMENT

``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. Payment of costs of telecommunications carriers.
``Sec. 2601. Definitions
    ``(a) Definitions.--In this chapter--
            ``the terms defined in section 2510 have, respectively, the 
        meanings stated in that section.
            ```call-identifying information'--
                    ``(A) means all dialing or signalling information 
                that identifies the origin, direction, destination, or 
                termination of each communication generated or received 
                by the subscriber equipment, facility, or service of a 
                telecommunications carrier that is the subject of a 
                court order or lawful authorization; but
                    ``(B) does not include any information that may 
                disclose the physical location of the subscriber 
                (except to the extent that the location may be 
                determined from the telephone number).
            ```Commission' means the Federal Communications Commission.
            ```government' means the government of the United States 
        and any agency or instrumentality thereof, the District of 
        Columbia, any commonwealth, territory, or possession of the 
        United States, and any State or political subdivision thereof 
        authorized by law to conduct electronic surveillance.
            ```information services'--
                    ``(A) means the offering of a capability for 
                generating, acquiring, storing, transforming, 
                processing, retrieving, utilizing, or making available 
                information via telecommunications; and
                    ``(B) includes electronic publishing and electronic 
                messaging services; but
                    ``(C) does not include any capability for a 
                telecommunications carrier's internal management, 
                control, or operation of its telecommunications 
                network.
            ``telecommunications support services'' means a product, 
        software, or service used by a telecommunications carrier for 
        the internal signaling or switching functions of its 
        telecommunications network.
            ```telecommunications carrier'--
                    ``(A) means a person or entity engaged in the 
                transmission or switching of wire or electronic 
                communications as a common carrier for hire (within the 
                meaning of section 3(h) of the Communications Act of 
                1934 (47 U.S.C. 153(h)));
                    ``(B) includes--
                            ``(i) a person or entity engaged in 
                        providing commercial mobile service (as defined 
                        in section 332(d) of the Communications Act of 
                        1934 (47 U.S.C. 332(d))); or
                            ``(ii) a person or entity engaged in 
                        providing wire or electronic communication 
                        switching or transmission service to the extent 
                        that the Commission finds that such service is 
                        a replacement for a substantial portion of the 
                        local telephone exchange service and that it is 
                        in the public interest to deem such a person or 
                        entity to be a telecommunications carrier for 
                        purposes of this chapter; but
                    ``(C) does not include persons or entities insofar 
                as they are engaged in providing information services.
``Sec. 2602. Assistance capability requirements
    ``(a) Capability Requirements.--Except as provided in subsections 
(b), (c), and (d) of this section, and subject to section 2607(c), a 
telecommunications carrier shall ensure that its services or facilities 
that provide a customer or subscriber with the ability to originate, 
terminate, or direct communications are capable of--
            ``(1) expeditiously isolating and enabling the government 
        to intercept, to the exclusion of any other communications, all 
        wire and electronic communications carried by the carrier 
        within a service area to or from equipment, facilities, or 
        services of a subscriber of such carrier concurrently with 
        their transmission to or from the subscriber's service, 
        facility, or equipment or at such later time as may be 
        acceptable to the government;
            ``(2) expeditiously isolating and enabling the government 
        to access call-identifying information that is reasonably 
        available to the carrier--
                    ``(A) before, during, or immediately after the 
                transmission of a wire or electronic communication (or 
                at such later time as may be acceptable to the 
                government); and
                    ``(B) in a manner that allows it to be associated 
                with the communication to which it pertains,
        except that, with regard to information acquired solely 
        pursuant to the authority for pen registers and trap and trace 
        devices (as defined in section 3127), such call-identifying 
        information shall not include any information that may disclose 
        the physical location of the subscriber (except to the extent 
        that the location may be determined from the telephone number);
            ``(3) delivering intercepted communications and call-
        identifying information to the government in a format such that 
        they may be transmitted by means of facilities or services 
        procured by the government to a location other than the 
        premises of the carrier; and
            ``(4) facilitating authorized communications interceptions 
        and access to call-identifying information unobtrusively and 
        with a minimum of interference with any subscriber's 
        telecommunications service and in a manner that protects--
                    ``(A) the privacy and security of communications 
                and call-identifying information not authorized to be 
                intercepted; and
                    ``(B) information regarding the government's 
                interception of communications and access to call-
                identifying information.
    ``(b) Limitations.--
            ``(1) Design of features and systems configurations.--This 
        chapter does not authorize any law enforcement agency or 
        officer--
                    ``(A) to require any specific design of features or 
                system configurations to be adopted by providers of 
                wire or electronic communication service, manufacturers 
                of telecommunications equipment, or providers of 
                telecommunications support services; or
                    ``(B) to prohibit the adoption of any feature or 
                service by providers of wire or electronic 
                communication service, manufacturers of 
                telecommunications equipment, or providers of 
                telecommunications support services.
            ``(2) Information services; Private networks and 
        interconnection services and facilities.--The requirements of 
        subsection (a) do not apply to--
                    ``(A) information services; or
                    ``(B) services or facilities that support the 
                transport or switching of communications for private 
                networks or for the sole purpose of interconnecting 
                telecommunications carriers.
            ``(3) Encryption.--A telecommunications carrier shall not 
        be responsible for decrypting, or ensuring the government's 
        ability to decrypt, any communication encrypted by a subscriber 
        or customer, unless the encryption was provided by the carrier 
        and the carrier possesses the information necessary to decrypt 
        the communication.
    ``(c) Emergency or Exigent Circumstances.--In emergency or exigent 
circumstances (including those described in sections 2518 (7) or 
(11)(b) and 3125 of this title and section 1805(e) of title 50), a 
carrier at its discretion may fulfill its responsibilities under 
subsection (a)(3) by allowing monitoring at its premises if that is the 
only means of accomplishing the interception or access.
    ``(d) Mobile Service Assistance Requirements.--A telecommunications 
carrier offering a feature or service that allows subscribers to 
redirect, hand off, or assign their wire or electronic communications 
to another service area or another service provider or to utilize 
facilities in another service area or of another service provider shall 
ensure that, when the carrier that had been providing assistance for 
the interception of wire or electronic communications or access to 
call-identifying information pursuant to a court order or lawful 
authorization no longer has access to the content of such 
communications or call-identifying information within the service area 
in which interception has been occurring as a result of the 
subscriber's use of such a feature or service, information is made 
available to the government (before, during, or immediately after the 
transfer of such communications) identifying the provider of wire or 
electronic communication service that has acquired access to the 
communications.
``Sec. 2603. Notices of capacity requirements
    ``(a) Notices of Maximum and Actual Capacity Requirements.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this chapter, after consulting with State and 
        local law enforcement agencies, telecommunications carriers, 
        providers of telecommunications support services, and 
        manufacturers of telecommunications equipment and after notice 
        and comment, the Attorney General shall publish in the Federal 
        Register and provide to appropriate telecommunications carrier 
        associations, standard-setting organizations, and for a--
                    ``(A) notice of the maximum capacity required to 
                accommodate all of the communication interceptions, pen 
                registers, and trap and trace devices that the Attorney 
                General estimates that government agencies authorized 
                to conduct electronic surveillance may conduct and use 
                simultaneously; and
                    ``(B) notice of the number of communication 
                interceptions, pen registers, and trap and trace 
                devices, representing a portion of the maximum capacity 
                set forth under subparagraph (A), that the Attorney 
                General estimates that government agencies authorized 
                to conduct electronic surveillance may conduct and use 
                simultaneously after the date that is 4 years after the 
                date of enactment of this chapter.
            ``(2) Basis of notices.--The notices issued under paragraph 
        (1) may be based upon the type of equipment, type of service, 
        number of subscribers, geographic location, or other measure.
    ``(b) Compliance With Capacity Notices.--
            ``(1) Initial capacity.--Within 3 years after the 
        publication by the Attorney General of a notice of capacity 
        requirements or within 4 years after the date of enactment of 
        this chapter, whichever is longer, a telecommunications carrier 
        shall ensure that its systems are capable of--
                    ``(A) expanding to the maximum capacity set forth 
                in the notice under subsection (a)(1)(A); and
                    ``(B) accommodating simultaneously the number of 
                interceptions, pen registers, and trap and trace 
                devices set forth in the notice under subsection 
                (a)(1)(B).
            ``(2) Expansion to maximum capacity.--After the date 
        described in paragraph (1), a telecommunications carrier shall 
        ensure that it can accommodate expeditiously any increase in 
        the number of communication interceptions, pen registers, and 
        trap and trace devices that authorized agencies may seek to 
        conduct and use, up to the maximum capacity requirement set 
        forth in the notice under subsection (a)(1)(A).
    ``(c) Notices of Increased Maximum Capacity Requirements.--
            ``(1) The Attorney General shall periodically provide to 
        telecommunications carriers written notice of any necessary 
        increases in the maximum capacity requirement set forth in the 
        notice under subsection (a)(1)(A).
            ``(2) Within 3 years after receiving written notice of 
        increased capacity requirements under paragraph (1), or within 
        such longer time period as the Attorney General may specify, a 
        telecommunications carrier shall ensure that its systems are 
        capable of expanding to the increased maximum capacity set 
        forth in the notice.
``Sec. 2604. Systems security and integrity
    ``A telecommunications carrier shall ensure that any court ordered 
or lawfully authorized interception of communications or access to 
call-identifying information effected within its switching premises can 
be activated only with the affirmative intervention of an individual 
officer or employee of the carrier.
``Sec. 2605. Cooperation of equipment manufacturers and providers of 
              telecommunications support services
    ``(a) Consultation.--A telecommunications carrier shall consult, as 
necessary, in a timely fashion with manufacturers of its 
telecommunications transmission and switching equipment and its 
providers of telecommunications support services for the purpose of 
identifying any service or equipment, including hardware and software, 
that may require modification so as to permit compliance with this 
chapter.
    ``(b) Modification of Equipment and Services.--Subject to section 
2607(c), a manufacturer of telecommunications transmission or switching 
equipment and a provider of telecommunications support services shall, 
on a reasonably timely basis and at a reasonable charge, make available 
to the telecommunications carriers using its equipment or services such 
modifications as are necessary to permit such carriers to comply with 
this chapter.
``Sec. 2606. Technical requirements and standards; extension of 
              compliance date
    ``(a) Safe Harbor.--
            ``(1) Consultation.--To ensure the efficient and industry-
        wide implementation of the assistance capability requirements 
        under section 2602, the Attorney General, in coordination with 
        other Federal, State, and local law enforcement agencies, shall 
        consult with appropriate associations and standard-setting 
        organizations of the telecommunications industry and with 
        representatives of users of telecommunications services and 
        facilities.
            ``(2) Compliance under accepted standards.--A 
        telecommunications carrier shall be found to be in compliance 
        with the assistance capability requirements under section 2602, 
        and a manufacturer of telecommunications transmission or 
        switching equipment or a provider of telecommunications support 
        services shall be found to be in compliance with section 2605, 
        if the carrier, manufacturer, or support service provider is in 
        compliance with publicly available technical requirements or 
        standards adopted by an industry association or standard-
        setting organization or by the Commission under subsection (b) 
        to meet the requirements of section 2602.
            ``(3) Absence of standards.--The absence of technical 
        requirements or standards for implementing the assistance 
        capability requirements of section 2602 shall not--
                    ``(A) preclude a carrier, manufacturer, or services 
                provider from deploying a technology or service; or
                    ``(B) relieve a carrier, manufacturer, or service 
                provider of the obligations imposed by section 2602 or 
                2605, as applicable.
    ``(b) FCC Authority.--
            ``(1) In general.--If industry associations or standard-
        setting organizations fail to issue technical requirements or 
        standards or if a government agency or any other person 
        believes that such requirements or standards are deficient, the 
        agency or person may petition the Commission to establish, by 
        notice and comment rulemaking or such other proceedings as the 
        Commission may be authorized to conduct, technical requirements 
        or standards that--
                    ``(A) meet the assistance capability requirements 
                of section 2602;
                    ``(B) protect the privacy and security of 
                communications not authorized to be intercepted; and
                    ``(C) serve the policy of the United States to 
                encourage the provision of new technologies and 
                services to the public.
            ``(2) Transition period.--If an industry technical 
        requirement or standard is set aside or supplanted as a result 
        of Commission action under this section, the Commission, after 
        consultation with the Attorney General, shall establish a 
        reasonable time and conditions for compliance with and the 
        transition to any new standard, including defining the 
        obligations of telecommunications carriers under section 2602 
        during any transition period.
    ``(c) Extension of Compliance Date for Features and Services.--
            ``(1) Petition.--A telecommunications carrier proposing to 
        deploy, or having deployed, a feature or service within 4 years 
        after the date of enactment of this chapter may petition the 
        Commission for 1 or more extensions of the deadline for 
        complying with the assistance capability requirements under 
        section 2602.
            ``(2) Ground for extension.--The Commission may, after 
        affording a full opportunity for hearing and after consultation 
        with the Attorney General, grant an extension under this 
        paragraph, if the Commission determines that compliance with 
        the assistance capability requirements under section 2602 is 
        not reasonably achievable through application of technology 
        available within the compliance period.
            ``(3) Length of extension.--An extension under this 
        paragraph shall extend for no longer than the earlier of--
                    ``(A) the date determined by the Commission as 
                necessary for the carrier to comply with the assistance 
                capability requirements under section 2602; or
                    ``(B) the date that is 2 years after the date on 
                which the extension is granted.
            ``(4) Applicability of extension.--An extension under this 
        subsection shall apply to only that part of the carrier's 
        business on which the new feature or service is used.
``Sec. 2607. Enforcement orders
    ``(a) Enforcement by Court Issuing Surveillance Order.--If a court 
authorizing an interception under chapter 119, a State statute, or the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
or authorizing use of a pen register or a trap and trace device under 
chapter 206 or a State statute finds that a telecommunications carrier 
has failed to comply with the requirements in this chapter, the court 
may direct that the carrier comply forthwith and may direct that a 
provider of support services to the carrier or the manufacturer of the 
carrier's transmission or switching equipment furnish forthwith 
modifications necessary for the carrier to comply.
    ``(b) Enforcement Upon Application by Attorney General.--The 
Attorney General may apply to the appropriate United States district 
court for, and the United States district courts shall have 
jurisdiction to issue, an order directing that a telecommunications 
carrier, a manufacturer of telecommunications transmission or switching 
equipment, or a provider of telecommunications support services comply 
with this chapter.
    ``(c) Grounds for Issuance.--A court shall issue an order under 
subsection (a) or (b) only if the court finds that--
            ``(1) alternative technologies or capabilities or the 
        facilities of another carrier are not reasonably available to 
        law enforcement for implementing the interception of 
        communications or access to call-identifying information; and
            ``(2) compliance with the requirements of this chapter is 
        reasonably achievable through the application of available 
        technology to the feature or service at issue or would have 
        been reasonably achievable if timely action had been taken.
    ``(d) Time for Compliance.--Upon issuance of an enforcement order 
under this section, the court shall specify a reasonable time and 
conditions for complying with its order, considering the good faith 
efforts to comply in a timely manner, any effect on the carrier's, 
manufacturer's, or service provider's ability to continue to do 
business, the degree of culpability or delay in undertaking efforts to 
comply, and such other matters as justice may require.
    ``(e) Limitation.--An order under this section may not require a 
telecommunications carrier to meet the government's demand for 
interception of communications and acquisition of call-identifying 
information to any extent in excess of the capacity for which notice 
has been provided under section 2603.
    ``(f) Civil Penalty.--
            ``(1) In general.--A court issuing an order under this 
        section against a telecommunications carrier, a manufacturer of 
        telecommunications transmission or switching equipment, or a 
        provider of telecommunications support services may impose a 
        civil penalty of up to $10,000 per day for each day in 
        violation after the issuance of the order or after such future 
        date as the court may specify.
            ``(2) Considerations.--In determining whether to impose a 
        fine and in determining its amount, the court shall take into 
        account--
                    ``(A) the nature, circumstances, and extent of the 
                violation;
                    ``(B) the violator's ability to pay, the violator's 
                good faith efforts to comply in a timely manner, any 
                effect on the violator's ability to continue to do 
                business, the degree of culpability, and the length of 
                any delay in undertaking efforts to comply; and
                    ``(C) such other matters as justice may require.
            ``(3) Civil action.--The Attorney General may file a civil 
        action in the appropriate United States district court to 
        collect, and the United States district courts shall have 
        jurisdiction to impose, such fines.
``Sec. 2608. Payment of costs of telecommunications carriers
    ``(a) Equipment, Features, and Services Deployed Before Date of 
Enactment; Capacity Costs.--The Attorney General shall, subject to the 
availability of appropriations, pay telecommunications carriers for all 
reasonable costs directly associated with--
            ``(1) the modifications performed by carriers prior to the 
        effective date of section 2602 or prior to the expiration of 
        any extension granted under section 2606(c) to establish, with 
        respect to equipment, features, and services deployed before 
        the date of enactment of this chapter, the capabilities 
        necessary to comply with section 2602;
            ``(2) meeting the maximum capacity requirements set forth 
        in the notice under section 2603(a)(1)(A); and
            ``(3) expanding existing facilities to accommodate 
        simultaneously the number of interceptions, pen registers and 
        trap and trace devices for which notice has been provided under 
        section 2603(a)(1)(B).
    ``(b) Equipment, Features, and Services Deployed On or After Date 
of Enactment.--
            ``(1) In general.--If compliance with the assistance 
        capability requirements of section 2602 is not reasonably 
        achievable with respect to equipment, features, or services 
        deployed on or after the date of enactment of this chapter, the 
        Attorney General, on application of a telecommunications 
        carrier, may pay the telecommunications carrier reasonable 
        costs directly associated with achieving compliance.
            ``(2) Consideration.--In determining whether compliance 
        with the assistance capability requirements of section 2602 is 
        reasonably achievable with respect to any equipment, feature, 
        or service deployed the date of enactment of this chapter, 
        consideration shall be given to the time when the equipment, 
        feature, or service was deployed.
    ``(c) Allocation of Funds for Payment.--The Attorney General shall 
allocate funds appropriated to carry out this chapter in accordance 
with law enforcement priorities determined by the Attorney General.
    ``(d) Failure To Make Payment With Respect To Equipment, Features, 
and Services Deployed Before Date of Enactment.--
            ``(1) Considered to be in compliance.--Unless the Attorney 
        General has agreed to pay the telecommunications carrier for 
        all reasonable costs directly associated with modifications 
        necessary to bring the equipment, feature, or service into 
        actual compliance with those requirements, provided the carrier 
        has requested payment in accordance with procedures promulgated 
        pursuant to subsection (e), any equipment, feature, or service 
        of a telecommunications carrier deployed before the date of 
        enactment of this chapter shall be considered to be in 
        compliance with the assistance capability requirements of 
        section 2602 unless the equipment, feature, or service is 
        replaced or significantly upgraded or otherwise undergoes major 
        modification.
            ``(2) Limitation on order.--An order under section 2607 
        shall not require a telecommunications carrier to modify, for 
        the purpose of complying with the assistance capability 
        requirements of section 2602, any equipment, feature, or 
        service deployed before the date of enactment of this chapter 
        unless the Attorney General has agreed to pay the 
        telecommunications carrier for all reasonable costs directly 
        associated with modifications necessary to bring the equipment, 
        feature, or service into actual compliance with those 
        requirements.
    ``(e) Procedures and Regulations.--Notwithstanding any other law, 
the Attorney General shall, after notice and comment, establish any 
procedures and regulations deemed necessary to effectuate timely and 
cost-efficient payment to telecommunications carriers for compensable 
costs incurred under this chapter, under chapters 119 and 121, and 
under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.).
    ``(f) Dispute Resolution.--If there is a dispute between the 
Attorney General and a telecommunications carrier regarding the amount 
of reasonable costs to be paid under subsection (a), the dispute shall 
be resolved and the amount determined in a proceeding initiated at the 
Commission or by the court from which an enforcement order is sought 
under section 2607.''.
    (b) Technical Amendment.--The part analysis for part I of title 18, 
United States Code, is amended by inserting after the item relating to 
chapter 119 the following new item:

``120. Telecommunications carrier assistance to the             2601''.
                            Government.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out section 2608 
of title 18, United States Code, as added by section 1--
            (1) a total of $500,000,000 for fiscal years 1995, 1996, 
        and 1997; and
            (2) such sums as are necessary for each fiscal year 
        thereafter,
such sums to remain available until expended.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--Except as provided in paragraph (2), chapter 120 
of title 18, United States Code, as added by section 1, shall take 
effect on the date of enactment of this Act.
    (b) Assistance Capability and Systems Security and Integrity 
Requirements.--Sections 2602 and 2604 of title 18, United States Code, 
as added by section 1, shall take effect on the date that is 4 years 
after the date of enactment of this Act.

SEC. 4. REPORTS.

    (a)  Reports by the Attorney General.--
            (1) In general.--On or before November 30, 1995, and on or 
        before November 30 of each year for 5 years thereafter, the 
        Attorney General shall submit to Congress and make available to 
        the public a report on the amounts paid during the preceding 
        fiscal year in payment to telecommunications carriers under 
        section 2608 of title 18, United States Code, as added by 
        section 1.
            (2) Contents.--A report under paragraph (1) shall include--
                    (A) a detailed accounting of the amounts paid to 
                each carrier and the technology, equipment, feature or 
                service for which the amounts were paid; and
                    (B) projections of the amounts expected to be paid 
                in the current fiscal year, the carriers to which 
                payment is expected to be made, and the technologies, 
                equipment, features or services for which payment is 
                expected to be made.
    (b) Reports by the Comptroller General.--
            (1) Payments for modifications.--On or before April 1, 
        1996, and April 1, 1998, the Comptroller General of the United 
        States, after consultation with the Attorney General and the 
        telecommunications industry, shall submit to the Congress a 
        report reflecting its analysis of the reasonableness and cost-
        effectiveness of the payments made by the Attorney General to 
        telecommunications carriers for modifications necessary to 
        ensure compliance with chapter 120 of title 18, United States 
        Code, as added by section 1.
            (2) Compliance cost estimates.--A report under paragraph 
        (1) shall include the findings and conclusions of the 
        Comptroller General on the costs to be incurred after the 
        compliance date, including projections of the amounts expected 
        to be incurred and the technologies, equipment, features or 
        services for which expenses are expected to be incurred by 
        telecommunications carriers to comply with the assistance 
        capability requirements in the first 5 years after the 
        effective date of section 2602.

SEC. 5. CORDLESS TELEPHONES.

    (a) Definitions.--Section 2510 of title 18, United States Code, is 
amended--
            (1) in paragraph (1) by striking ``but such term does not 
        include'' and all that follows through ``base unit''; and
            (2) in paragraph (12) by striking subparagraph (A) and 
        redesignating subparagraphs (B), (C), and (D) as subparagraphs 
        (A), (B), and (C), respectively.
    (b) Penalty.--Section 2511 of title 18, United States Code, is 
amended--
            (1) in subsection (4)(b)(i) by inserting ``a cordless 
        telephone communication that is transmitted between the 
        cordless telephone handset and the base unit,'' after 
        ``cellular telephone communication,''; and
            (2) in subsection (4)(b)(ii) by inserting ``a cordless 
        telephone communication that is transmitted between the 
        cordless telephone handset and the base unit,'' after 
        ``cellular telephone communication,''.

SEC. 6. RADIO-BASED DATA COMMUNICATIONS.

    Section 2510(16) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (D);
            (2) by inserting ``or'' at the end of subparagraph (E); and
            (3) by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) an electronic communication;''

SEC. 7. PENALTIES FOR MONITORING RADIO COMMUNICATIONS THAT ARE 
              TRANSMITTED USING MODULATION TECHNIQUES WITH NONPUBLIC 
              PARAMETERS.

    Section 2511(4)(b) of title 18, United States Code, is amended by 
striking ``or encrypted, then'' and inserting ``, encrypted, or 
transmitted using modulation techniques the essential parameters of 
which have been withheld from the public with the intention of 
preserving the privacy of such communication''.

SEC. 8. TECHNICAL CORRECTION.

    Section 2511(2)(a)(i) of title 18, United States Code, is amended 
by striking ``used in the transmission of a wire communication'' and 
inserting ``used in the transmission of a wire or electronic 
communication''.

SEC. 9. FRAUDULENT ALTERATION OF COMMERCIAL MOBILE RADIO INSTRUMENTS.

    (a) Offense.--Section 1029(a) of title 18, United States Code, is 
amended--
            (1) by striking ``or'' at the end of paragraph (3); and
            (2) by inserting after paragraph (4) the following new 
        paragraphs:
            ``(5) knowingly and with intent to defraud uses, produces, 
        traffics in, has control or custody of, or possesses a 
        telecommunications instrument that has been modified or altered 
        to obtain unauthorized use of telecommunications services; or
            ``(6) knowingly and with intent to defraud uses, produces, 
        traffics in, has control or custody of, or possesses--
                    ``(A) a scanning receiver; or
                    ``(B) hardware or software used for altering or 
                modifying telecommunications instruments to obtain 
                unauthorized access to telecommunications services,''.
    (b) Penalty.--Section 1029(c)(2) of title 18, United States Code, 
is amended by striking ``(a)(1) or (a)(4)'' and inserting ``(a) (1), 
(4), (5), or (6)''.
    (c) Definitions.--Section 1029(e) of title 18, United States Code, 
is amended--
            (1) in paragraph (1) by inserting ``electronic serial 
        number, mobile identification number, personal identification 
        number, or other telecommunications service, equipment, or 
        instrument identifier,'' after ``account number,'';
            (2) by striking ``and'' at the end of paragraph (5);
            (3) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(7) the term `scanning receiver' means a device or 
        apparatus that can be used to intercept a wire or electronic 
        communication in violation of chapter 119.''.

SEC. 10. TRANSACTIONAL DATA.

    (a) Disclosure of Records.--Section 2703 of title 18, United States 
Code, is amended--
            (1) in subsection (c)(1)--
                    (A) in subparagraph (B)--
                            (i) by striking clause (i); and
                            (ii) by redesignating clauses (ii), (iii), 
                        and (iv) as clauses (i), (ii), and (iii), 
                        respectively; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) A provider of electronic communication 
                service or remote computing service shall disclose to a 
                governmental entity the name, address, telephone toll 
                billing records, and length of service of a subscriber 
                to or customer of such service and the types of 
                services the subscriber or customer utilized, when the 
                governmental entity uses an administrative subpoena 
                authorized by a Federal or State statute or a Federal 
                or State grand jury or trial subpoena or any means 
                available under subparagraph (B).''; and
            (2) by amending the first sentence of subsection (d) to 
        read as follows: ``A court order for disclosure under 
        subsection (b) or (c) may be issued by any court that is a 
        court of competent jurisdiction described in section 3126(2)(A) 
        and shall issue only if the governmental entity offers specific 
        and articulable facts showing that there are reasonable grounds 
        to believe that the contents of a wire or electronic 
        communication, or the records or other information sought, are 
        relevant and material to an ongoing criminal investigation.''.
    (b) Pen Registers and Trap and Trace Devices.--Section 3121 of 
title 18, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Limitation.--A government agency authorized to install and 
use a pen register under this chapter or under State law, shall use 
technology reasonably available to it that restricts the recording or 
decoding of electronic or other impulses to the dialing and signalling 
information utilized in call processing.''.

            Passed the Senate October 7 (legislative day, September 
      12), 1994.

            Attest:

                                                             Secretary.

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```