IB
Union Calendar No. 562
106TH CONGRESS
2D SESSION
H. R. 5018
[Report No. 106–932]
To amend title 18, United States Code, to modify certain provisions of
law relating to the interception of communications, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Mr. CANADY of Florida (for himself and Mr. HUTCHINSON) introduced the
following bill; which was referred to the Committee on the Judiciary
OCTOBER 4, 2000
Additional sponsors: Mr. BLUNT, Mr. BACHUS, Mr. PAUL, and Mr. WAMP
OCTOBER 4, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 27, 2000]
A BILL
To amend title 18, United States Code, to modify certain
provisions of law relating to the interception of commu-
nications, 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 ‘‘Electronic Communica-
tions Privacy Act of 2000’’.
SEC. 2. USE AS EVIDENCE.
(a) IN GENERAL.—Section 2515 of title 18, United
States Code, is amended—
(1) by striking ‘‘wire or oral’’ in the heading
and inserting ‘‘wire, oral, or electronic’’.
(2) by striking ‘‘Whenever any wire or oral com-
munication has been intercepted’’ and inserting ‘‘(a)
Except as provided in subsection (b), whenever any
wire, oral, or electronic communication has been
intercepted, or any electronic communication in elec-
tronic storage has been disclosed’’;
(3) by inserting ‘‘or chapter 121’’ after ‘‘this
chapter’’; and
(4) by adding at the end the following:
‘‘(b) Subsection (a) does not apply to the disclosure,
before a grand jury or in a criminal trial, hearing, or other
criminal proceeding, of the contents of a communication,
or evidence derived therefrom, against a person alleged to
have intercepted, used, or disclosed the communication in
violation of this chapter, or chapter 121, or participated
in such violation.’’.
(b) SECTION 2517.—Paragraphs (1) and (2) of section
2517 are each amended by inserting ‘‘or under the cir-
cumstances described in section 2515(b)’’ after ‘‘by this
chapter’’.
(c) SECTION 2518.—Section 2518 of title 18, United
States Code, is amended—
(1) in subsection (7), by striking ‘‘subsection
(d)’’ and inserting ‘‘subsection (8)(d)’’; and
(2) in subsection (10)—
(A) in paragraph (a)—
(i) by striking ‘‘or oral’’ each place it
appears and inserting ‘‘, oral, or elec-
tronic’’;
(ii) by striking the period at the end of
clause (iii) and inserting a semicolon; and
(iii) by inserting ‘‘except that no
supresssion may be ordered under the cir-
cumstances described in section 2515(b).’’
before ‘‘Such motion’’; and
(B) by striking paragraph (c).
(d) CLERICAL AMENDMENT.—The item relating to sec-
tion 2515 in the table of sections at the beginning of chapter
119 of title 18, United States Code, is amended to read as
follows:
‘‘2515. Prohibition of use as evidence of intercepted wire, oral, or electronic com-
munications.’’.
SEC. 3. REPORTS CONCERNING THE DISCLOSURE OF THE
CONTENTS 
OF 
ELECTRONIC 
COMMUNICA-
TIONS.
Section 2703 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(g) REPORTS CONCERNING THE DISCLOSURE OF THE
CONTENTS OF ELECTRONIC COMMUNICATIONS.—
‘‘(1) By January 31 of each calendar year, the
judge issuing or denying an order, warrant, or sub-
poena, or the authority issuing or denying a sub-
poena, under subsection (a) or (b) of this section dur-
ing the preceding calendar year shall report on each
such order, warrant, or subpoena to the Administra-
tive Office of the United States Courts—
‘‘(A) the fact that the order, warrant, or
subpoena was applied for;
‘‘(B) the kind of order, warrant, or sub-
poena applied for;
‘‘(C) the fact that the order, warrant, or
subpoena was granted as applied for, was modi-
fied, or was denied;
‘‘(D) the offense specified in the order, war-
rant, subpoena, or application;
‘‘(E) the identity of the agency making the
application; and
‘‘(F) the nature of the facilities from which
or the place where the contents of electronic com-
munications were to be disclosed.
‘‘(2) In January of each year the Attorney Gen-
eral or an Assistant Attorney General specially des-
ignated by the Attorney General shall report to the
Administrative Office of the United States Courts—
‘‘(A) the information required by subpara-
graphs (A) through (F) of paragraph (1) of this
subsection with respect to each application for
an order, warrant, or subpoena made during the
preceding calendar year; and
‘‘(B) a general description of the disclosures
made under each such order, warrant, or sub-
poena, including—
‘‘(i) the approximate number of all
communications disclosed and, of those, the
approximate number of incriminating com-
munications disclosed;
‘‘(ii) the approximate number of other
communications disclosed; and
‘‘(iii) the approximate number of per-
sons whose communications were disclosed.
‘‘(3) In June of each year, beginning in 2002,
the Director of the Administrative Office of the
through the end of such subsection and inserting ‘‘specific
and articulable facts reasonably indicate 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
the investigation of that crime.’’.
SEC. 5. CIVIL DAMAGES.
Section 2520(c)(2) of title 18, United States Code, is
amended—
(1) by striking ‘‘court may’’ and inserting ‘‘court
shall’’;
(2) by striking ‘‘greater’’ and inserting ‘‘great-
est’’;
(3) in subparagraph (A), by striking ‘‘or’’ after
the semicolon;
(4) in subparagraph (B), by striking ‘‘whichever
is the greater of $100 a day for each day of violation
or $10,000.’’ and inserting ‘‘$500 a day for each vio-
lation; or’’; and
(5) by inserting after subparagraph (B), the fol-
lowing:
‘‘(C) statutory damages of $10,000.’’.
SEC. 6. NOTIFICATION.
Section 2705(a)(4) of title 18, United States Code, is
amended by striking ‘‘or by certification by a governmental
entity, but only in accordance with subsection (b) of this
section.’’ and inserting ‘‘if the court determines that there
is reason to believe that notification of the existence of the
court order or subpoena may have an adverse result de-
scribed in paragraph (2) of this subsection.’’.
SEC. 7. GOVERNMENT ACCESS TO LOCATION INFORMA-
TION.
(a) COURT ORDER REQUIRED.—Section 2703 of title
18, United States Code, as amended by section 3 of this
Act, is further amended by adding at the end the following:
‘‘(h) DISCLOSURE
OF LOCATION INFORMATION
TO
GOVERNMENTAL ENTITIES.—
‘‘(1) DISCLOSURE UPON COURT ORDER.—Except
as provided in paragraph (2), a provider of mobile
electronic communication service shall provide to a
governmental entity information generated by and
disclosing the current physical location of a sub-
scriber’s equipment only if the governmental entity
obtains a court order issued upon a finding that there
is probable cause to believe that—
‘‘(A) a person is committing, has com-
mitted, or is about to commit a felony offense;
and
‘‘(B) the location information sought to be
obtained concerns the location of the person be-
lieved to have committed, be committing, or be
about to commit that offense or a victim of that
offense.
‘‘(2) PERMITTED DISCLOSURES WITHOUT COURT
ORDER.—A provider of mobile electronic communica-
tion service may provide information described in
paragraph (1)—
‘‘(A) to a public safety answering point,
emergency medical service provider or emergency
dispatch provider, public safety, fire service or
law enforcement official, or hospital emergency
or trauma care facility, in order to respond to
the user’s call for emergency services;
‘‘(B) to inform the user’s legal guardian or
members of the user’s immediate family of the
user’s location in an emergency situation that
involves the risk of death or serious physical
harm; or
‘‘(C) with the express consent of the sub-
scriber or the user of the equipment concerned.
‘‘(3) DEFINITION.—The term ‘public safety an-
swering point’ means a facility that has been des-
ignated to receive emergency calls and route them to
emergency service personnel.’’.
(b) CONFORMING AMENDMENT.—Subsection (c)(1)(A)
of section 2703 of title 18, United States Code, is amended
by striking ‘‘(b) of this section’’ and inserting ‘‘(b), or wire-
less location information covered by subsection (g)’’.
SEC. 8. COMPUTER CRIME AMENDMENTS.
(a) GENERALLY.—Section 1030 of title 18, United
States Code, is amended—
(1) in subsection (a)(3), by striking ‘‘such a com-
puter’’ and inserting ‘‘without or in excess of author-
ization a computer’’;
(2) in subsection (a)(5), by inserting after sub-
paragraph (C) the following:
‘‘(B) whose conduct described in clause (i), (ii),
or (iii) of subparagraph (A)—
‘‘(i) caused loss to one or more persons dur-
ing any one-year period (including loss resulting
from a related course of conduct affecting one or
more other protected computers) aggregating at
least $5,000;
‘‘(ii) modified or impaired, or potentially
modified or impaired, the medical examination,
diagnosis, treatment, or care of one or more in-
dividuals;
‘‘(iii) caused physical injury to any indi-
vidual;
‘‘(iv) threatened public health or safety;
‘‘(v) caused damage affecting a computer
system used by or for a government entity in
furtherance of the administration of justice, na-
tional defense, or national security; or
‘‘(vi) intentionally defaced, damaged, or de-
stroyed images or information made available to
the public and thereby interfered with the rights
protected under the First Amendment to the Con-
stitution;’’.
(3) in subsection (a)(5)(A), by inserting ‘‘(i)’’
after ‘‘(5)(A)’’;
(4) in subsection (a)(5)(B), by striking ‘‘(B)’’
and inserting ‘‘(ii)’’;
(5) in subsection (a)(5)(C)—
(A) by striking ‘‘(C)’’ and inserting ‘‘(iii)’’;
and
(B) by inserting ‘‘and’’ after the semicolon;
(6) in subsection (a)(7), by striking ‘‘, firm, as-
sociation, educational institution, financial institu-
tion, government entity, or other legal entity,’’;
(7) in subsection (b), by adding before the period
‘‘as if such person had committed the completed of-
fense’’;