SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reasonable Expecta-
tion of American Privacy Act of 2013’’ or the ‘‘REAP Act 
of 2013’’. 
SEC. 2. INCREASED PROTECTIONS RELATING TO VOL-
UNTARY DISCLOSURE OF PASSWORD INFOR-
MATION. 
Section 2702 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘subsection (b) or (c)’’ and insert-
ing ‘‘subsection (b), (c), or (d)’’; 
(B) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (3)— 
(i) by inserting after ‘‘(not including 
the contents of communications covered by 
paragraph (1) or (2)’’ the following: ‘‘, or 
the password information covered by para-
graph (4)’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(D) by inserting after paragraph (3) the 
following: 
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‘‘(4) a person or entity providing an electronic 
communication service or a remote computing serv-
ice 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)’’ the following: ‘‘, or the 
password information covered by subsection (a)(4)’’; 
(3) by redesignating subsection (d) as sub-
section (e); 
(4) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) EXCEPTIONS FOR DISCLOSURE OF PASSWORD 
INFORMATION.—A provider described in subsection (a) 
may divulge the password information pertaining to a sub-
scriber 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 ren-
dition of the service or to the protection of the rights 
or property of the provider of that service; 
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‘‘(4) to the National Center for Missing and 
Exploited Children, in connection with a report sub-
mitted 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 in-
serting after ‘‘subsection (b)(8)’’ each place it ap-
pears, the following: ‘‘or (d)(5)’’. 
SEC. 3. INCREASED PROTECTIONS RELATING TO RE-
QUIRED DISCLOSURE OF CUSTOMER COMMU-
NICATIONS AND PASSWORD INFORMATION. 
(a) IN GENERAL.—Section 2703 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in the first sentence, by inserting after 
‘‘A governmental entity may require the disclo-
sure by a provider of electronic communication 
service’’ the following: ‘‘or remote computing 
service’’; 
(B) by striking ‘‘in an electronic commu-
nications system for one hundred and eighty 
days or less’’; and 
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(C) by striking the second sentence; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) PASSWORD INFORMATION.—A governmental en-
tity may require a provider of electronic communication 
service or remote computing service to disclose the pass-
word 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 juris-
diction.’’; 
(3) in subsection (c)(1), by inserting after ‘‘(not 
including the contents of communications’’ the fol-
lowing: ‘‘or the password information pertaining to 
a subscriber or customer of such service’’; and 
(4) in subsection (d), by striking ‘‘subsection 
(b) or (c)’’ and inserting ‘‘subsection (c)’’. 
(b) CONFORMING AMENDMENTS.—Chapter 121 of 
title 18, United States Code, is amended— 
(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’’ and inserting ‘‘section 2702 or 
2703’’. 
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SEC. 4. PASSWORD INFORMATION EXCLUDED FROM TRANS-
ACTIONAL RECORDS AVAILABLE PURSUANT 
TO A COUNTERINTELLIGENCE REQUEST. 
Section 2709 of title 18, United States Code, is 
amended by inserting after subsection (f), the following: 
‘‘(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 cus-
tomer of a provider of electronic communication service 
or remote computing service.’’. 
SEC. 5. PASSWORD INFORMATION EXCLUDED FROM TAN-
GIBLE THINGS REQUIRED TO BE PRODUCED 
THROUGH A FISA COURT ORDER. 
Section 501(a)(1) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861(a)(1)) is amended by 
inserting after ‘‘tangible things (including books, records, 
papers, documents, and other items’’ the following: ‘‘, but 
not including password information pertaining to a cus-
tomer or subscriber of a provider of electronic communica-
tion service or remote computing service (as such terms 
are defined in section 2510 and 2711 of title 18, United 
States Code, respectively)’’. 
Æ 
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