REAP Act of 2013

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. Short title This Act may be cited as the Reasonable Expectation of American Privacy Act of 2013 REAP Act of 2013 2. Increased protections relating to voluntary disclosure of password information Section 2702 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking subsection (b) or (c) subsection (b), (c), or (d) (B) in paragraph (2), by striking and (C) in paragraph (3)— (i) by inserting after (not including the contents of communications covered by paragraph (1) or (2) , or the password information covered by paragraph (4) (ii) by striking the period at the end and inserting ; and (D) by inserting after paragraph (3) the following: (4) a person or entity providing an electronic communication service or a remote computing service to the public shall not knowingly divulge to any person or entity the password information pertaining to a subscriber or customer of such service. ; (2) in subsection (c), by inserting after (not including the contents of communications covered by subsection (a)(1) or (2) , or the password information covered by subsection (a)(4) (3) by redesignating subsection (d) as subsection (e); (4) by inserting after subsection (c) the following: (d) Exceptions for Disclosure of Password Information A provider described in subsection (a) may divulge the password information pertaining to a subscriber or customer of such service— (1) as otherwise authorized in 2703 of this title; (2) with the lawful consent of the subscriber or customer; (3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; (4) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 2258A; or (5) to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of password information relating to the emergency. ; and (5) in subsection (e), as so redesignated, by inserting after subsection (b)(8) or (d)(5) 3. Increased protections relating to required disclosure of customer communications and password information (a) In general Section 2703 (1) in subsection (a)— (A) in the first sentence, by inserting after A governmental entity may require the disclosure by a provider of electronic communication service or remote computing service (B) by striking in an electronic communications system for one hundred and eighty days or less (C) by striking the second sentence; (2) by amending subsection (b) to read as follows: (b) Password information A governmental entity may require a provider of electronic communication service or remote computing service to disclose the password information pertaining to a subscriber or customer of such service only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction. ; (3) in subsection (c)(1), by inserting after (not including the contents of communications or the password information pertaining to a subscriber or customer of such service (4) in subsection (d), by striking subsection (b) or (c) subsection (c) (b) Conforming amendments Chapter 121 (1) in section 2701(c)(3), by striking , 2704, (2) by repealing sections 2704 and 2705; and (3) in section 2706, by striking section 2702, 2703, or 2704 section 2702 or 2703 4. Password information excluded from transactional records available pursuant to a counterintelligence request Section 2709 (g) Password information A request made pursuant to subsection (b) for electronic communication transactional records may not include a request for the password information pertaining to a subscriber or customer of a provider of electronic communication service or remote computing service. . 5. Password information excluded from tangible things required to be produced through a FISA court order Section 501(a)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(a)(1) tangible things (including books, records, papers, documents, and other items , but not including password information pertaining to a customer or subscriber of a provider of electronic communication service or remote computing service (as such terms are defined in section 2510 and 2711 of title 18, United States Code, respectively)

Summary: Reasonable Expectation of American Privacy Act of 2013 or the REAP Act of 2013 - Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of electronic communication service or remote computing service to the public from knowingly divulging subscriber or customer password information to any person or entity. Provides exceptions from such prohibition to authorize such providers to disclose password information if it is: required by the government pursuant to a warrant; divulged with the customer's consent; incident to the rendition of the service or to the protection of the rights or property of the service provider; provided to the National Center for Missing and Exploited Children; or divulged to the government if the provider believes that an emergency involving danger of death or serious physical injury requires disclosure without delay of password information relating to the emergency. Revises procedures under which the government may require such providers to disclose the contents of wire or electronic communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service or a remote computing service. Requires the government to obtain a warrant from a court to require such providers to disclose the content of such communications with the same standards applying regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service. (Currently, when such communications have been stored for more than 180 days by an electronic communication service, or for any period of time by a remote computing service, the government may obtain the contents without required notice to the customer or subscriber when using a warrant; with prior notice or delayed notice using an administative, grand jury, or trial subpoena; or with prior notice or delayed notice under a court order when there are reasonable grounds to believe the contents are relevant and material to an ongoing criminal investigation.) Permits the government to require the disclosure of customer or subscriber password information under similar warrant procedures. Prohibits password information from being included in a request by the Federal Bureau of Investigation (FBI) for subscriber information, toll billing information, or electronic communication transactional records for counterintelligence purposes. Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to exclude password information from the categories of tangible things (commonly referred to as business records) that the FBI may request in an application to a FISA court for a production order in an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities.