(B) in subparagraph (A), by striking ‘‘one
year’’ and inserting ‘‘three years’’; and
(C) in subparagraph (B), by striking ‘‘two’’
and inserting ‘‘five’’; and
(2) by amending subsection (b)(2) to read as fol-
lows:
‘‘(2) in any other case—
‘‘(A) a fine under this title or imprisonment
for not more than one year, or both, in the case
of a first offense under this subparagraph; and
‘‘(B) a fine under this title or imprison-
ment for not more than five years, or both, for
any subsequent offense under this subpara-
graph.’’.
(b) VOLUNTARY DISCLOSURE OF CUSTOMER COMMU-
NICATIONS OR RECORDS.—Section 2702 of title 18, United
States Code, is amended—
(1) by amending the catchline to read as follows:
‘‘§ 2702. Voluntary disclosure of customer communica-
tions or records’’;
(2) in subsection (a)(1)—
(A) by striking ‘‘person or entity providing
an’’ and inserting ‘‘provider of’’; and
(B) by striking ‘‘and’’ at the end;
(3) in subsection (a)(2)—
(A) by striking ‘‘person or entity pro-
viding’’ and inserting ‘‘provider of’’; and
(B) by striking the period at the end and
inserting ‘‘; and’’;
(4) in subsection (a), by adding the following
paragraph after paragraph (2):
‘‘(3) a provider of remote computing service or
electronic communication service to the public shall
not knowingly divulge a record or other information
pertaining to a subscriber to or customer of such serv-
ice (not including the contents of communications
covered by paragraph (1) or (2) of this subsection) to
any governmental entity.’’;
(5) in the heading of subsection (b) by inserting
‘‘FOR DISCLOSURE OF COMMUNICATIONS’’ after ‘‘EX-
CEPTIONS’’;
(6) in subsection (b), by striking ‘‘person or enti-
ty’’ and inserting ‘‘provider described in subsection
(a)’’; and
(7) by adding the following subsection after sub-
section (b):
‘‘(c) EXCEPTIONS
FOR DISCLOSURE
OF CUSTOMER
RECORDS.—A provider described in subsection (a) may di-
vulge a record or other information pertaining to a sub-
scriber to or customer of such service (not including the con-
tents of communications covered by subsection (a)(1) or
(a)(2) of this section)—
‘‘(1) as otherwise authorized in section 2703 of
this title;
‘‘(2) with the lawful consent of the customer or
subscriber;
‘‘(3) as may be necessarily incident to the ren-
dition of the service or to the protection of the rights
or property of the provider of that service;
‘‘(4) to a governmental entity, if the provider
reasonably believes that an emergency involving im-
mediate danger of death or serious physical injury to
any person justifies disclosure of the information; or
‘‘(5) to any person other than a governmental
entity where not otherwise prohibited by law.’’.
(c) CONFORMING AMENDMENTS.—Section 2703 of title
18, United States Code, as amended by section 7 of this
Act, is futher amended—
(1) in subsection (c) by—
(A) redesignating paragraph (2) as para-
graph (3); and
(B) redesignating subparagraph (C) of
paragraph (1) as paragraph (2);
(2) in subsection (c)(1) by—
(A) striking ‘‘(A) Except as provided in
subparagraph (B),’’ and inserting ‘‘A govern-
mental entity may require’’;
(B) striking ‘‘may disclose’’ and inserting
‘‘to disclose’’; and
(C) striking ‘‘to any person other than a
governmental entity.’’;
(D) striking ‘‘(B) A provider of’’ through
‘‘to a governmental entity’’;
(E) redesignating subclauses (i) through
(iv) as subparagraphs (A) through (D);
(F) striking ‘‘or’’ at the end of subpara-
graph (C) as redesignated;
(G) striking the period at the end of sub-
paragraph (D) as redesignated and inserting ‘‘;
or’’; and
(H) adding the following subparagraph
after subparagraph (D) as redesignated:
‘‘(E) seeks information pursuant to paragraph
(2).’’; and
(3) in subsection (c)(2) as redesignated by—
(A) striking ‘‘an administrative subpoena
authorized by a Federal or State statute or a
Federal or State grand jury or trial subpoena’’
and inserting ‘‘a Federal or State grand jury or