II 
Calendar No. 556 
112TH CONGRESS 
2D SESSION 
H. R. 2471 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 7, 2011 
Received; read twice and referred to the Committee on the Judiciary 
NOVEMBER 29, 2012 
Reported by Mr. LEAHY, with an amendment and an amendment to the title 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
To amend section 2710 of title 18, United States Code, 
to clarify that a video tape service provider may obtain 
a consumer’s informed, written consent on an ongoing 
basis and that consent may be obtained through the 
Internet. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. AMENDMENT. 
Section 2710(b)(2) of title 18, United States Code, 
is amended by striking subparagraph (B) and inserting 
the following: 
‘‘(B) to any person with the informed, written 
consent
(including
through
an
electronic
means 
using the Internet) in a form distinct and separate 
from any form setting forth other legal or financial 
obligations of the consumer given at one or both of 
the following times— 
‘‘(i) the time the disclosure is sought; and 
‘‘(ii) in advance for a set period of time or 
until consent is withdrawn by such consumer;’’. 
TITLE I—VIDEO PRIVACY 
PROTECTION 
SEC. 101. SHORT TITLE . 
This title may be cited as the ‘‘Video Privacy Protec-
tion Act Amendments Act of 2012’’. 
SEC. 102. VIDEO PRIVACY PROTECTION ACT AMENDMENT. 
Section 2710(b)(2) of title 18, United States Code, is 
amended by striking subparagraph (B) and inserting the 
following: 
‘‘(B) to any person with the informed, written 
consent (including through an electronic means using 
the Internet) of the consumer that— 
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‘‘(i) is in a form distinct and separate from 
any form setting forth other legal or financial 
obligations of the consumer; 
‘‘(ii) at the election of the consumer— 
‘‘(I) is given at time the disclosure is 
sought; or 
‘‘(II) is given in advance for a set pe-
riod of time, not to exceed 2 years or until 
consent is withdrawn by the consumer, 
which ever is sooner; and 
‘‘(iii) the video tape service provider has 
provided an opportunity, in a clear and con-
spicuous manner, for the consumer to withdraw 
on a case-by-case basis or to withdraw for ongo-
ing disclosures, at the consumer’s election;’’. 
TITLE II—ELECTRONIC 
COMMUNICATIONS PRIVACY 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Electronic Communica-
tions Privacy Act Amendments Act of 2012’’. 
SEC. 202. CONFIDENTIALITY OF ELECTRONIC COMMUNICA-
TIONS. 
Section 2702(a)(3) of title 18, United States Code, is 
amended to read as follows: 
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‘‘(3) a provider of remote computing service or 
electronic communication service to the public shall 
not knowingly divulge to any governmental entity the 
contents of any communication described in section 
2703(a), or any record or other information per-
taining to a subscriber or customer of such service.’’. 
SEC. 203. ELIMINATION OF 180-DAY RULE; SEARCH WAR-
RANT 
REQUIREMENT; 
REQUIRED 
DISCLO-
SURE OF CUSTOMER RECORDS. 
(a) IN GENERAL.—Section 2703 of title 18, United 
States Code, is amended by striking subsections (a), (b), 
and (c) and inserting the following: 
‘‘(a) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS.—A governmental entity may require the disclo-
sure by a provider of electronic communication service or 
remote computing service of the contents of a wire or elec-
tronic communication that is in electronic storage with or 
otherwise stored, held, or maintained by the provider only 
if the governmental entity obtains 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) that is issued by a court of com-
petent jurisdiction directing the disclosure. 
‘‘(b) NOTICE.—Except as provided in section 2705, not 
later than 10 business days, in the case of a law enforcement 
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agency, or not later than 3 days, in the case of any other 
governmental entity, after a governmental entity receives 
the contents of a wire or electronic communication of a sub-
scriber or customer from a provider of electronic commu-
nication service or remote computing service under sub-
section (a), the governmental entity shall serve upon, or de-
liver to by registered or first-class mail, electronic mail, or 
other means reasonably calculated to be effective, as speci-
fied by the court issuing the warrant, the subscriber or cus-
tomer— 
‘‘(1) a copy of the warrant; and 
‘‘(2) a notice that includes the information re-
ferred 
to 
in 
clause 
(i) 
and 
(ii) 
of 
section 
2705(a)(4)(B). 
‘‘(c) RECORDS CONCERNING ELECTRONIC COMMUNICA-
TION SERVICE OR REMOTE COMPUTING SERVICE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
governmental entity may require a provider of elec-
tronic communication service or remote computing 
service to disclose a record or other information per-
taining to a subscriber or customer of the provider or 
service (not including the contents of communica-
tions), only if the governmental entity— 
‘‘(A) obtains a warrant issued using the 
procedures described in the Federal Rules of 
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Criminal Procedure (or, in the case of a State 
court, issued using State warrant procedures) 
that is issued by a court of competent jurisdic-
tion directing the disclosure; 
‘‘(B) obtains a court order directing the dis-
closure under subsection (d); 
‘‘(C) has the consent of the subscriber or 
customer to the disclosure; or 
‘‘(D) submits a formal written request rel-
evant to a law enforcement investigation con-
cerning telemarketing fraud for the name, ad-
dress, and place of business of a subscriber or 
customer of the provider or service that is en-
gaged in telemarketing (as defined in section 
2325). 
‘‘(2) INFORMATION TO BE DISCLOSED.—A pro-
vider of electronic communication service or remote 
computing service shall, in response to an adminis-
trative subpoena authorized by Federal or State stat-
ute, a grand jury, trial, or civil discovery subpoena, 
or any means authorized under paragraph (1), dis-
close to a governmental entity the— 
‘‘(A) name; 
‘‘(B) address; 
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‘‘(C) local and long distance telephone con-
nection records, or records of session times and 
durations; 
‘‘(D) length of service (including start date) 
and types of service used; 
‘‘(E) telephone or instrument number or 
other subscriber number or identity, including 
any temporarily assigned network address; and 
‘‘(F) means and source of payment for such 
service (including any credit card or bank ac-
count number), of a subscriber or customer of 
such service. 
‘‘(3) NOTICE NOT REQUIRED.—A governmental 
entity that receives records or information under this 
subsection is not required to provide notice to a sub-
scriber or customer.’’. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
Section 2703(d) of title 18, United States Code, is amend-
ed— 
(1) by striking ‘‘A court order for disclosure 
under subsection (b) or (c)’’ and inserting ‘‘A court 
order for disclosure under subsection (c)’’; and 
(2) by striking ‘‘the contents of a wire or elec-
tronic communication, or’’. 
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SEC. 204. DELAYED NOTICE. 
Section 2705 of title 18, United States Code, is amend-
ed to read as follows: 
‘‘§ 2705. Delayed notice 
‘‘(a) DELAY OF NOTIFICATION.— 
‘‘(1) IN GENERAL.—A governmental entity that 
is seeking a warrant under section 2703(a) may in-
clude in the application for the warrant a request for 
an order delaying the notification required under sec-
tion 2703(a) for a period of not more than 180 days, 
in the case of a law enforcement agency, or not more 
than 90 days, in the case of any other governmental 
entity. 
‘‘(2) DETERMINATION.—A court shall grant a re-
quest for delayed notification made under paragraph 
(1) if the court determines that there is reason to be-
lieve that notification of the existence of the warrant 
may result in— 
‘‘(A) endangering the life or physical safety 
of an individual; 
‘‘(B) flight from prosecution; 
‘‘(C) destruction of or tampering with evi-
dence; 
‘‘(D) intimidation of potential witnesses; or 
‘‘(E) otherwise seriously jeopardizing an in-
vestigation or unduly delaying a trial. 
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‘‘(3) EXTENSION.—Upon request by a govern-
mental entity, a court may grant 1 or more exten-
sions of the delay of notification granted under para-
graph (2) of not more than 180 days, in the case of 
a law enforcement agency, or not more than 90 days, 
in the case of any other governmental entity. 
‘‘(4) EXPIRATION OF THE DELAY OF NOTIFICA-
TION.—Upon expiration of the period of delay of noti-
fication under paragraph (2) or (3), the governmental 
entity shall serve upon, or deliver to by registered or 
first-class mail, electronic mail or other means rea-
sonably calculated to be effective as specified by the 
court approving the search warrant, the customer or 
subscriber— 
‘‘(A) a copy of the warrant; and 
‘‘(B) notice that informs the customer or 
subscriber— 
‘‘(i) of the nature of the law enforce-
ment inquiry with reasonable specificity; 
‘‘(ii) that information maintained for 
the customer or subscriber by the provider of 
electronic communication service or remote 
computing service named in the process or 
request was supplied to, or requested by, the 
governmental entity; 
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‘‘(iii) of the date on which the warrant 
was served on the provider and the date on 
which the information was provided by the 
provider to the governmental entity; 
‘‘(iv) that notification of the customer 
or subscriber was delayed; 
‘‘(v) the identity of the court author-
izing the delay; and 
‘‘(vi) of the provision of this chapter 
under which the delay was authorized. 
‘‘(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV-
ERNMENTAL ACCESS.— 
‘‘(1) IN GENERAL.—A governmental entity that 
is obtaining the contents of a communication or in-
formation or records under section 2703 may apply 
to a court for an order directing a provider of elec-
tronic communication service or remote computing 
service to which a warrant, order, subpoena, or other 
directive under section 2703 is directed not to notify 
any other person of the existence of the warrant, 
order, subpoena, or other directive for a period of not 
more than 180 days, in the case of a law enforcement 
agency, or not more than 90 days, in the case of any 
other governmental entity. 
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‘‘(2) DETERMINATION.—A court shall grant a re-
quest for an order made under paragraph (1) if the 
court determines that there is reason to believe that 
notification of the existence of the warrant, order, 
subpoena, or other directive may result in— 
‘‘(A) endangering the life or physical safety 
of an individual; 
‘‘(B) flight from prosecution; 
‘‘(C) destruction of or tampering with evi-
dence; 
‘‘(D) intimidation of potential witnesses; or 
‘‘(E) otherwise seriously jeopardizing an in-
vestigation or unduly delaying a trial. 
‘‘(3) EXTENSION.—Upon request by a govern-
mental entity, a court may grant 1 or more exten-
sions of an order granted under paragraph (2) of not 
more than 180 days, in the case of a law enforcement 
agency, or not more than 90 days, in the case of any 
other governmental entity. 
‘‘(4) PRIOR NOTICE TO LAW ENFORCEMENT.— 
Upon expiration of the period of delay of notice under 
this section, and not later than 3 business days before 
providing notice to a customer or subscriber, a pro-
vider of electronic communications service or remote 
computing service shall notify the governmental enti-
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ty that obtained the contents of a communication or 
information or records under section 2703 of the in-
tent of the provider of electronic communications serv-
ice or remote computing service to notify the customer 
or subscriber of the existence of the warrant, order, or 
subpoena seeking that information. 
‘‘(c) DEFINITION.—In this section and section 2703, 
the term ‘law enforcement agency’ means an agency of the 
United States, a State, or a political subdivision of a State, 
authorized by law or by a government agency to engage in 
or supervise the prevention, detection, investigation, or 
prosecution of any violation of criminal law, or any other 
Federal or State agency conducting a criminal investiga-
tion.’’. 
SEC. 205. RULE OF CONSTRUCTION. 
Nothing in this title or an amendment made by this 
title shall be construed to apply the warrant requirement 
for contents of a wire or electronic communication author-
ized under this title or an amendment made by this title 
to any other section of title 18, United States Code (includ-
ing chapter 119 of such title (commonly known as the 
‘‘Wiretap Act’’)), the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.), or any other provision 
of Federal law. 
Amend the title so as to read: ‘‘An Act to amend 
section 2710 of title 18, United States Code, to clarify 
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that a video tape service provider may obtain a con-
sumer’s informed, written consent on an ongoing basis, 
to improve the provisions of title 18 relating to the pri-
vacy of electronic communications, and for other pur-
poses.’’. 
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Calendar No. 556 
112TH CONGRESS 
2D SESSION 
H. R. 2471 
AN ACT 
To amend section 2710 of title 18, United States 
Code, to clarify that a video tape service provider 
may obtain a consumer’s informed, written con-
sent on an ongoing basis and that consent may 
be obtained through the Internet. 
NOVEMBER 29, 2012 
Reported with an amendment and an amendment to the 
title 
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