I
106TH CONGRESS
2D SESSION
H. R. 3770
To amend title 18, United States Code, to provide for the applicability
to operators of Internet Web sites of restrictions on the disclosure or
records and other information relating to the use of such sites, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2000
Mr. JACKSON of Illinois (for himself and Ms. SCHAKOWSKY) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to provide for the
applicability to operators of Internet Web sites of restric-
tions on the disclosure or records and other information
relating to the use of such sites, 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 ‘‘Secure Online Commu-
nication Enforcement Act of 2000’’.
SEC. 2. ENHANCED PRIVACY PROTECTION FOR INFORMA-
TION ON COMPUTER NETWORKS.
(a) IN GENERAL.—Section 2703(b) of title 18,
United States Code, is amended by striking paragraph (1)
and inserting the following new paragraph (1):
‘‘(1) IN GENERAL.—A governmental entity may
require a provider of remote computing service to
disclose the contents of any electronic communica-
tion to which this paragraph is made applicable by
paragraph (2)—
‘‘(A) pursuant to a warrant issued under
the Federal Rules of Criminal Procedure or
equivalent State warrant, a copy of which war-
rant shall be served on the subscriber or cus-
tomer of such remote computing service before
or at the same time the warrant is served on
the provider of the remote computing service; or
‘‘(B) pursuant to a Federal or State grand
jury or trial subpoena, a copy of which sub-
poena shall be served on the subscriber or cus-
tomer of such remote computing service under
circumstances allowing the subscriber or cus-
tomer a meaningful opportunity to challenge
the subpoena.’’.
(b) CONFORMING AMENDMENTS.—Paragraph (2) of
that section is amended—
(1) by indenting the paragraph 2 ems;
(2) by inserting ‘‘APPLICABILITY.—’’ after
‘‘(2)’’; and
(3) by indenting subparagraphs (A) and (B) 4
ems.
SEC. 3. ENHANCEMENT OF SECURE ON-LINE COMMUNICA-
TIONS.
(a) APPLICABILITY OF LIMITATIONS ON DISCLOSURE
OF COMMUNICATION RECORDS.—Paragraph (1) of section
2703(c) of title 18, United States Code, is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘, or an operator of an
Internet Web site (including an agent of such
operator) or other third party,’’ after ‘‘remote
computing service’’; and
(B) by inserting ‘‘or Internet Web site’’
after ‘‘of such service’’; and
(2) in subparagraph (B)—
(A) in the matter preceding clause (i)—
(i) by inserting ‘‘, or an operator of
an Internet Web site (including an agent
of such operator) or other third party,’’
after ‘‘remote computing service’’; and
(ii) by inserting ‘‘or Internet Web
site’’ after ‘‘of such service’’; and
(B) in clause (iv), by inserting ‘‘or oper-
ator’’ after ‘‘of such provider’’.
(b) DISCLOSURE OF COMMUNICATION RECORDS TO
NON-GOVERNMENT
ENTITIES.—Paragraph (1)(A) of
such section is further amended by striking ‘‘other than
a government entity.’’ and inserting ‘‘other than a govern-
ment entity only if the disclosure is—
‘‘(i) necessary to initiate, provide, bill, or collect
for such service or for access to or use of such Inter-
net Web site;
‘‘(ii) necessary to protect the rights or property
of the provider of such service or Internet Web site;
‘‘(iii) made at the request of the subscriber or
customer;
‘‘(iv) made with the affirmative consent of the
subscriber or customer given at the time the disclo-
sure is sought; or
‘‘(v) required by law.’’.
(c) INFORMATION COVERED
BY LIMITATIONS
ON
DISCLOSURE.—Such section is further amended in para-
graphs (1)(A) and (1)(B) by inserting before the end pa-
renthesis the following: ‘‘, but including information gen-
erated in the process of accessing or otherwise using the
Internet’’.
(d) DISCLOSURE OF AGGREGATE INFORMATION.—
Such section is further amended by adding at the end the
following new paragraph:
‘‘(3) Nothing in this subsection may be construed to
prohibit a provider of electronic communication service or
remote computing service, operator of an Internet Web
site (including an agent of such operator), or third party
from using, disclosing, or permitting access to aggregate
customer or subscriber information from which individual
customer or subscriber information and characteristics
have been removed.’’.
(e) PROTECTION OF SERVICE.—Such section is fur-
ther amended by adding at the end the following new para-
graph:
‘‘(4) A provider of electronic communication service
or remote computing service or operator of an Internet
Web site may not terminate the provision of such service
or access to or use of such Internet Web site to an indi-
vidual who refuses to consent to the disclosure of records
or other information under paragraph (1)(A)(iv) as a re-
sult of such refusal.’’.
(f) FEDERAL PREEMPTION.—Such section is further
amended by adding at the end the following new para-
graph:
‘‘(5) This subsection preempts any State or local law
regarding the disclosure by providers of electronic commu-
nication service or remote computing service and operators
of Internet Web sites of records or other information cov-
ered by this subsection.’’.
(g) CONFORMING
AMENDMENT.—The subsection
heading of such section is amended by striking ‘‘OR RE-
MOTE COMPUTING SERVICE’’ and inserting ‘‘, REMOTE
COMPUTING SERVICE, OR INTERNET WEB SITE’’.
(h) EFFECTIVE DATE.—The amendments made by
this section shall take effect 180 days after the date of
enactment.
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