that it is not feasible to provide the notice de-
scribed in that subparagraph before filing of the 
action. In such case, the attorney general of a 
State shall provide notice and a copy of the 
complaint to the Federal Trade Commission at 
the same time as the attorney general files the 
action. 
(3) INTERVENTION BY FEDERAL TRADE COM-
MISSION.—
(A) IN
GENERAL.—On receiving notice 
under paragraph (2), the Federal Trade Com-
mission shall have the right to intervene in the 
action that is the subject of the notice. 
(B) EFFECT
OF
INTERVENTION.—If the 
Federal Trade Commission intervenes in an ac-
tion under subparagraph (A), it shall have the 
right—
(i) to be heard with respect to any 
matter that arises in that action; and 
(ii) to file a petition for appeal. 
(4) CONSTRUCTION.—For purposes of bringing 
any civil action under paragraph (1), nothing in this 
Act shall be construed to prevent an attorney gen-
eral of a State from exercising the powers conferred
on the attorney general by the laws of that State 
to—
(A) conduct investigations; 
(B) administer oaths or affirmations; or 
(C) compel the attendance of witnesses or 
the production of documentary and other evi-
dence. 
(5) PREEMPTION.—In any case in which an ac-
tion is instituted by or on behalf of the Commission 
for a violation of section 3, no State may, during the 
pendency of that action, institute an action under 
paragraph (1) against any defendant named in the 
complaint in that action. 
(6) SERVICE
OF
PROCESS.—In an action 
brought under paragraph (1), process may be served 
in any district in which the defendant—
(A) is an inhabitant; or 
(B) may be found. 
SEC. 5. EFFECT ON OTHER LAWS. 
This Act supersedes any statute, regulation, or rule 
of a State or political subdivision of a State that expressly 
regulates the transmission of computer software similar 
to that described in section 3.
SEC. 6. LAW ENFORCEMENT REPORTING REQUIREMENTS. 
(a) SEMIANNUAL REPORTS TO CONGRESS ON TRANS-
MISSION OF COMPUTER SOFTWARE FOR SURVEILLANCE 
ACTIVITIES.—Not later than 1 year after the date of en-
actment of this Act, and every 6 months thereafter, the 
Attorney General shall transmit to the Committees on the 
Judiciary of the Senate and of the House of Representa-
tives a report concerning any warrant, order, or extension 
of an order applied for by law enforcement agencies of 
the Department of Justice, whose implementation involved 
the transmission or execution of computer software on a 
protected computer to record computer activity or inter-
cept any wire, oral, or electronic communications. Such 
reports shall include information concerning—
(1) the type of warrant, order, or extension of 
an order applied for; 
(2) the information sought by the warrant, pe-
riod of interceptions authorized by the order, and 
the number and duration of any extensions of the 
warrant or order; 
(3) the offense specified in the application, war-
rant, order, or extension of an order; 
(4) the identity of the applying investigative or 
law enforcement officer and agency making the ap-
plication and the person authorizing the application;
(5) the nature of the facilities from which or 
place where activities were to be recorded or commu-
nications were to be intercepted; 
(6) a general description of the recordings or 
interceptions made under such order or extension, 
including—
(A) the approximate nature and frequency 
of incriminating activities recorded or commu-
nications intercepted; 
(B) the approximate nature and frequency 
of other activities recorded or communications 
intercepted; 
(C) the approximate number of persons 
whose activities were recorded or communica-
tions were intercepted; 
(D) the number of warrants or orders in 
which encryption was encountered and whether 
such encryption prevented law enforcement 
from obtaining access to any information pursu-
ant to such warrant or the plain text of commu-
nications intercepted pursuant to such order; 
and 
(E) the approximate nature, amount, and 
cost of the manpower and other resources used 
in the recordings or interceptions;
(7) the number of arrests resulting from record-
ings or interceptions made under such warrant, 
order, or extension of an order, and the offenses for 
which arrests were made; 
(8) the number of trials resulting from such re-
cordings or interceptions; 
(9) the number of motions to suppress made 
with respect to such recordings or interceptions, and 
the number of such motions granted or denied; 
(10) the number of convictions resulting from 
such recordings or interceptions and the offenses for 
which the convictions were obtained, and a general 
assessment of the importance of the recordings or 
interceptions; and 
(11) the specific persons authorizing the use of 
such computer software in the implementation of 
such warrant, order, or extension of an order.
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