II

Calendar No. 166

105TH CONGRESS

1ST SESSION S. 170

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

other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

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

to the Committee on the Judiciary

SEPTEMBER 18, 1997

Reported by Mr. HATCH, without amendment

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’’.
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S 170 RS

1 SEC. 2. WIRE AND ELECTRONIC COMMUNICATIONS.

2 (a) DEFINITIONS.—Section 2510(12) of title 18,

3 United States Code, is amended—

4 (1) in subparagraph (B), by striking ‘‘or’’ at

5 the end;

6 (2) in subparagraph (C), by adding ‘‘or’’ at the

7 end; and

8 (3) by adding at the end the following:

9 ‘‘(D) any communication made through a

10 clone pager (as that term is defined in section

11 3127).’’

12 (b) PROHIBITION.—Section 2511(2)(h) of title 18,

13 United States Code, is amended by striking clause (i) and

14 inserting the following:

15 ‘‘(i) to use a pen register, a trap and trace de16 vice, or a clone pager (as those terms are defined for

17 the purposes of chapter 206 (relating to pen reg18 isters, trap and trace devices, and clone pagers));

19 or’’.

20 SEC. 3. AMENDMENT OF CHAPTER 206.

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

22 amended—

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

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

25 TRAP AND TRACE DEVICES, AND CLONE

26 PAGERS’’;
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1 (2) in the chapter analysis—

2 (A) by striking ‘‘and trap and trace de3 vice’’ each place that term appears and insert4 ing ‘‘, trap and trace device, and clone pager’’;

5 (B) by striking ‘‘and trap and trace de6 vices’’ and inserting ‘‘, trap and trace devices,

7 and clone pagers’’; and

8 (C) by striking ‘‘or a trap and trace de9 vice’’ each place that term appears and insert10 ing ‘‘, a trap and trace device, or a clone

11 pager’’;

12 (3) in section 3121—

13 (A) in the section heading, by striking

14 ‘‘and trap and trace device’’ and insert15 ing ‘‘, trap and trace device, and clone

16 pager’’; and

17 (B) by striking ‘‘or a trap and trace de18 vice’’ each place that term appears and insert19 ing ‘‘, a trap and trace device, or a clone

20 pager’’;

21 (4) in section 3122—

22 (A) in the section heading by striking ‘‘or

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

24 a trap and trace device, or a clone

25 pager’’;
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S 170 RS

1 (B) by striking ‘‘or a trap and trace de2 vice’’ each place that term appears and insert3 ing ‘‘, a trap and trace device, or a clone

4 pager’’;

5 (5) in section 3123—

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

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

8 a trap and trace device, or a clone

9 pager’’;

10 (B) by striking subsection (a) and insert11 ing the following:

12 ‘‘(a) IN GENERAL.—Upon an application made under

13 section 3122, the court shall enter an ex parte order au14 thorizing the installation and use of a pen register or a

15 trap and trace device within the jurisdiction of the court,

16 or of a clone pager for which the service provider is subject

17 to the jurisdiction of the court, if the court finds that the

18 attorney for the Government or the State law enforcement

19 or investigative officer has certified to the court that the

20 information likely to be obtained by such installation and

21 use is relevant to an ongoing criminal investigation.’’;

22 (C) in subsection (b)(1)—

23 (i) in subparagraph (A), by inserting

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

25 the case of a clone pager, the identity, if
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1 known, of the person who is the subscriber

2 of the paging device, the communications

3 to which will be intercepted by the clone

4 pager’’;

5 (ii) in subparagraph (C), by inserting

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

7 the case of a clone pager, the number of

8 the paging device, communications to

9 which will be intercepted by the clone

10 pager’’; and

11 (iii) in paragraph (2), by striking ‘‘or

12 trap and trace device’’ and inserting ‘‘,

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

14 (D) in subsection (c), by striking ‘‘or a

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

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

17 (E) in subsection (d)—

18 (i) in the subsection heading, by strik19 ing ‘‘OR A TRAP AND TRACE DEVICE’’ and

20 inserting ‘‘, TRAP AND TRACE DEVICE, OR

21 CLONE PAGER’’; and

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

23 the paging device, the communications to

24 which will be intercepted by the clone

25 pager,’’ after ‘‘attached,’’;
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1 (6) in section 3124—

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

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

4 a trap and trace device, or a clone

5 pager’’;

6 (B) by redesignating subsections (c)

7 through (f) as subsections (d) through (g), re8 spectively; and

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

10 following:

11 ‘‘(c) CLONE PAGER.—Upon the request of an attor12 ney for the Government or an officer of a law enforcement

13 agency authorized to acquire and use a clone pager under

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

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

16 other person, to furnish to such investigative or law en17 forcement officer, all information, facilities, and technical

18 assistance necessary to accomplish the operation and use

19 of the clone pager unobtrusively and with a minimum of

20 interference with the services that the person so ordered

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

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

23 (7) in section 3125—

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’’;

3 (B) in subsection (a)—

4 (i) by striking ‘‘or a trap and trace

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

6 device, or a clone pager’’; and

7 (ii) by striking the quotation marks at

8 the end; and

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

10 each place that term appears and inserting ‘‘,

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

12 (8) in section 3126—

13 (A) in the section heading, by striking

14 ‘‘and trap and trace devices’’ and insert15 ing ‘‘, trap and trace devices, and

16 clone pagers’’; and

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

18 ‘‘devices’’; and

19 (9) in section 3127—

20 (A) by redesignating paragraphs (5) and

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

22 (B) by inserting after paragraph (4) the

23 following:
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1 ‘‘(5) the term ‘clone pager’ means a numeric

2 display device that receives communications intended

3 for another numeric display paging device;’’.

Calendar No. 166

105TH CONGRESS

1ST SESSION S. 170

A BILL

To provide for a process to authorize the use of

clone pagers, and for other purposes.

SEPTEMBER 18, 1997

Reported without amendment