I
106TH CONGRESS
2D SESSION
H. R. 4987
To amend title 18, United States Code, with respect to electronic
eavesdropping, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Mr. BARR of Georgia (for himself and Mrs. EMERSON) 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
electronic eavesdropping, 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 ‘‘Digital Privacy Act
of 2000’’.
SEC. 2. REPORTING REQUIREMENTS.
Section 2703 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(g) REPORTS CONCERNING COURT-ORDERED DIS-
CLOSURE.—Not later than 30 days after the expiration
of (or each extension thereof) an order under subsection
(d) by a Federal court, or the denial of such an order,
the issuing or denying judge shall report to the Adminis-
trative Office of the United States Courts that information
about the order of disclosure that would be required to
be reported under section 2519 with respect to an order
relating to an interception under chapter 119.’’.
‘‘(h) REPORTS CONCERNING OTHER DISCLOSURE.—
In April of each year, the Attorney General shall transmit
to Congress a report on—
‘‘(1) the number and kind of warrants and sub-
poenas applied for by law enforcement agencies of
the Department of Justice under this section during
the preceding year;
‘‘(2) the number of such applications granted or
denied;
‘‘(3) with respect to each warrant or subpoena
issued under this section—
‘‘(A) the number and type of communica-
tions disclosed;
‘‘(B) the approximate number and fre-
quency of incriminating communications dis-
closed;
‘‘(C) the offense specified in the applica-
tion; and
‘‘(D) the approximate number of persons
whose communications were disclosed; and
‘‘(4) the number of arrests resulting from such
warrants and subpoenas, the offenses for which
those arrests were made, the number of trials result-
ing from such warrants and subpoenas, the number
of motions to suppress made with respect to such
warrants and subpoenas, the number of such mo-
tions granted or denied, the number of convictions
resulting from such warrants and subpoenas, and
the offenses for which the convictions were obtained
and a general assessment of the importance of the
warrants and subpoenas.’’.
SEC. 3. EXTENSION OF EXCLUSIONARY RULE.
Section 2515 of title 18, United States Code, is
amended by inserting ‘‘or electronic communication’’ after
‘‘wire or oral communication’’.
SEC. 4. ISSUANCE OF PEN REGISTER AND TRAP AND TRACE
DEVICE ORDERS.
Subsection (a) of section 3123 of title 18, United
States Code, is amended by striking ‘‘the attorney for the
Government’’ and all that follows through the end of the
subsection and inserting ‘‘factual evidence reasonably indi-
cates that a crime has been, is being, or will be committed,
and information likely to be obtained by such installation
and use is relevant to an investigation of that crime.’’.
SEC. 5. GOVERNMENT ACCESS TO CONTENTS OF STORED
ELECTRONIC COMMUNICATIONS.
Section 2703(a) of title 18, United States Code, is
amended by striking ‘‘one hundred and eighty days’’ each
place it appears and inserting ‘‘one year’’.
SEC. 6. GOVERNMENT ACCESS TO LOCATION INFORMA-
TION.
(a) COURT ORDER REQUIRED.—Section 2703 of title
18, United States Code, as amended by section 2, is fur-
ther amended by adding at the end the following:
‘‘(i) DISCLOSURE OF LOCATION INFORMATION TO
GOVERNMENTAL ENTITIES.—
‘‘(1) DISCLOSURE
UPON
COURT
ORDER.—A
provider of mobile electronic information generated
by and disclosing the current physical location of a
subscriber’s equipment only if the governmental en-
tity obtains a court order issued upon a finding that
there is probable cause to believe that the equipment
has been used, is being used, or is about to be used
to commit a felony offense.
‘‘(2) DISCLOSURE UPON SUBSCRIBER OR USER
CONSENT.—A provider of mobile electronic commu-
nication service may provide to a governmental enti-
ty information described in paragraph (1) with the
consent of the subscriber or the user of the equip-
ment concerned.’’.
(b) 
CONFORMING
AMENDMENT.—Subsection
(c)(1)(B) of section 2703 of title 18, United States Code,
is amended by striking ‘‘(b) of this section’’ and inserting
‘‘(b), or wireless location information covered by sub-
section (g)’’.
Æ