II

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

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

8 United States Code, is amended—

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

10 the end;
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1 (2) in subparagraph (C), by adding ‘‘or’’ at the

2 end; and

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

4 ‘‘(D) any communication made through a

5 clone pager (as that term is defined in section

6 3127).’’

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

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

9 inserting the following:

10 ‘‘(i) to use a pen register, a trap and trace de11 vice, or a clone pager (as those terms are defined for

12 the purposes of chapter 206 (relating to pen reg13 isters, trap and trace devices, and clone pagers));

14 or’’.

15 SEC. 3. AMENDMENT OF CHAPTER 206.

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

17 amended—

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

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

20 TRAP AND TRACE DEVICES, AND CLONE

21 PAGERS’’;

22 (2) in the chapter analysis—

23 (A) by striking ‘‘and trap and trace de24 vice’’ each place that term appears and insert25 ing ‘‘, trap and trace device, and clone pager’’;
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1 (B) by striking ‘‘and trap and trace de2 vices’’ and inserting ‘‘, trap and trace devices,

3 and clone pagers’’; and

4 (C) by striking ‘‘or a trap and trace de5 vice’’ each place that term appears and insert6 ing ‘‘, a trap and trace device, or a clone

7 pager’’;

8 (3) in section 3121—

9 (A) in the section heading, by striking

10 ‘‘and trap and trace device’’ and insert11 ing ‘‘, trap and trace device, and clone

12 pager’’; and

13 (B) by striking ‘‘or a trap and trace de14 vice’’ each place that term appears and insert15 ing ‘‘, a trap and trace device, or a clone

16 pager’’;

17 (4) in section 3122—

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

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

20 a trap and trace device, or a clone

21 pager’’;

22 (B) by striking ‘‘or a trap and trace de23 vice’’ each place that term appears and insert24 ing ‘‘, a trap and trace device, or a clone

25 pager’’;
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1 (5) in section 3123—

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 striking subsection (a) and insert7 ing the following:

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

9 section 3122, the court shall enter an ex parte order au10 thorizing the installation and use of a pen register or a

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

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

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

14 attorney for the Government or the State law enforcement

15 or investigative officer has certified to the court that the

16 information likely to be obtained by such installation and

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

18 (C) in subsection (b)(1)—

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

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

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

22 known, of the person who is the subscriber

23 of the paging device, the communications

24 to which will be intercepted by the clone

25 pager’’;
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1 (ii) in subparagraph (C), by inserting

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

3 the case of a clone pager, the number of

4 the paging device, communications to

5 which will be intercepted by the clone

6 pager’’; and

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

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

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

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

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

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

13 (E) in subsection (d)—

14 (i) in the subsection heading, by strik15 ing ‘‘OR A 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, the communications to

20 which will be intercepted by the clone

21 pager,’’ after ‘‘attached,’’;

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 operation and use

16 of the clone pager unobtrusively and with a minimum of

17 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 numeric

22 display device that receives communications intended

23 for another numeric display paging device;’’.

Æ