I
107TH CONGRESS
1ST SESSION
H. R. 2915
To amend title 18, United States Code, with respect to the interception
of communications, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 20, 2001
Mr. SMITH of Texas introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 18, United States Code, with respect to
the interception of communications, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Public Safety and
Cyber Security Enhancement Act of 2001’’.
SEC. 2. INTERCEPTION OF COMMUNICATIONS.
(a) DEFINITIONS.—Section 2510(18) of title 18,
United States Code, is amended—
(1) by striking the period and inserting a semi-
colon; and
(2) by adding at the end the following:
‘‘(19) ‘protected computer’ has the meaning set
forth in section 1030 of this title; and
‘‘(20) ‘computer trespasser’ means a person
who is accessing a protected computer without au-
thorization and thus has no reasonable expectation
of privacy in any communication transmitted to,
through, or from the protected computer.’’.
(b) EXCEPTIONS TO PROHIBITIONS.—
(1) 
ADDITIONAL
EXCEPTION.—Section
2511(2)(a) of title 18, United States Code, is
amended by adding at the end the following:
‘‘(iii) It shall not be unlawful under this chapter for
a person acting under color of law to intercept the wire
or electronic communications of a computer trespasser,
provided that—
‘‘(A) the owner or operator of the protected
computer expressly authorizes the interception of the
computer trespasser’s communications on the pro-
tected computer;
‘‘(B) the person acting under color of law is
lawfully engaged in an ongoing investigation;
‘‘(C) the person acting under color of law has
reasonable grounds to believe that the contents of
the computer trespasser’s communications will be
relevant to the ongoing investigation; and
‘‘(D) such interception does not acquire com-
munications other than those transmitted to or from
the computer trespasser.’’.
(2) FOREIGN INTELLIGENCE EXCEPTION.—Sec-
tion 2511(2)(f) of title 18, United States Code, is
amended—
(A) by striking ‘‘this chapter or chapter
121’’ and inserting ‘‘this chapter, chapter 121,
or chapter 206’’; and
(B) by striking ‘‘wire and oral’’ and insert-
ing ‘‘wire, oral, and electronic’’.
(3) 
RELATION
TO
OTHER
LAW.—Section
2511(2) of title 18, United States Code, is amended
by adding at the end the following:
‘‘(i) Nothing in section 631 of the Communications
Act of 1934 (47 U.S.C. 551) shall be construed to restrict
voluntary or obligatory disclosures of information under
this chapter, chapter 121, or chapter 206, except that
such disclosures shall not reveal customer cable television
viewing activity.’’.
SEC. 3. PEN REGISTERS AND TRAP AND TRACE DEVICES.
(a) PROHIBITION.—Section 3121(c) of title 18,
United States Code, is amended—
(1) by inserting ‘‘or trap and trace device’’
after ‘‘use a pen register’’;
(2) by inserting ‘‘, routing, addressing,’’ after
‘‘to the dialing’’; and
(3) by striking ‘‘utilized in call processing.’’ and
inserting ‘‘utilized in the processing and transmit-
ting of wire and electronic communications.’’.
(b) ISSUANCE OF ORDER.—
(1) Section 3123(a) of title 18, United States
Code, is amended to read as follows:
‘‘(a) IN GENERAL.—
‘‘(1) Upon an application made under section
3122(a)(1) of this title, the court shall enter an ex
parte order authorizing the installation and use of a
pen register or a trap and trace device if the court
finds that the attorney for the Government has cer-
tified to the court that the information likely to be
obtained by such installation and use is relevant to
an ongoing criminal investigation. Such order shall,
upon service of such order, apply to any entity pro-
viding wire or electronic communication service in
the United States whose assistance may facilitate
the execution of the order.
‘‘(2) Upon an application made under section
3122(a)(2) of this title, the court shall enter an ex
parte order authorizing the installation and use of a
pen register or a trap and trace device within the ju-
risdiction of the court if the court finds that the
State law enforcement or investigative officer has
certified to the court that the information likely to
be obtained by such installation and use is relevant
to an ongoing criminal investigation.’’.
(2) Section 3123(b)(1) of title 18, United
States Code, is amended—
(A) in subparagraph (A)—
(i) by inserting ‘‘or other facility’’
after ‘‘telephone line’’; and
(ii) by inserting ‘‘or applied’’ before
the semicolon; and
(B) in subparagraph (C)—
(i) by striking ‘‘the number and,’’ and
inserting ‘‘the attributes of the commu-
nications to which the order applies, such
as the number or other identifier and,’’;
(ii) by striking ‘‘physical’’ after ‘‘, if
known,’’;
(iii) by inserting ‘‘or other facility’’
after ‘‘the telephone line’’;
(iv) by inserting ‘‘or applied’’ after
‘‘device is to be attached’’; and