trial subpoena, or a subpoena or equivalent proc-
ess authorized by a Federal or State statute,’’;
and
(B) striking ‘‘subparagraph (B).’’ and in-
serting ‘‘paragraph (1).’’.
(d) CIVIL DAMAGES.—Section 2707(c) of title 18,
United States Code, is amended by striking ‘‘$1,000’’ and
inserting ‘‘$5,000’’.
(e) CLERICAL AMENDMENT.—The item relating to sec-
tion 2702 in the table of sections at the beginnning of chap-
ter 121 of title 18, United States Code, is amended to read
as follows:
‘‘2702. Voluntary disclosure of customer communications or records.’’.
SEC. 11. ADDITIONAL PROVISIONS RELATING TO PEN REG-
ISTERS.
(a) EMERGENCY PROVISIONS.—Section 3125 of title
18, United States Code, is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A), by striking ‘‘or’’
after the semicolon;
(B) in subparagraph (B), by striking the
comma after ‘‘crime’’ and inserting a semicolon;
and
(C) by inserting after subparagraph (B),
the following:
‘‘(C) an immediate threat to a national se-
curity interest; or
‘‘(D) an ongoing attack on the integrity or
availability of a protected computer in violation
of section 1030(a)(5)(A)(i) or 1030(a)(5)(A)(ii)
of this title,’’;
(2) at the end of the matter following subsection
(a)(2), by inserting the following: ‘‘In the event an
application for such order is denied, or in any other
case where the installation and use of a pen register
or trap and trace device is terminated without an
order having been issued, any information obtained
by such installation and use shall be treated as hav-
ing been obtained in violation of this chapter, and an
inventory shall be served as provided for in subsection
(b) of this section on the person named in the appli-
cation.’’;
(3) by inserting the following after subsection
(a):
‘‘(b) Within a reasonable time but not later than 90
days after the filing of an application for an order of ap-
proval under subsection (a)(2) of this section which is de-
nied, the denying judge shall cause to be served, on the per-
sons named in the order or the application, and such other
parties to the information obtained by such installation and
use of a pen register or trap and trace device as the judge
may determine in his discretion is in the interest of justice,
an inventory which shall include notice of—
‘‘(1) the fact of the entry of the application;
‘‘(2) the date of the entry and the date of the de-
nial of the application; and
‘‘(3) the fact that during the period covered by
the application, information was obtained by the in-
stallation and use of a pen register or trap and trace
device.
The judge, upon the filing of a motion, may in his discre-
tion make available to such person or his counsel for inspec-
tion such portions of the applications as the judge deter-
mines to be in the interest of justice. On an ex parte show-
ing of good cause to a judge of competent jurisdiction the
serving of the inventory required by this subsection may
be postponed.’’; and
(4) by redesignating subsections (b) through (d)
as subsections (c) through (e), respectively.
(b) DEFINITIONS.—Section 3127 of title 18, United
States Code, is amended—
(1) in paragraph (6), by striking the period and
inserting ‘‘; and’’; and
(2) by adding the following paragraph after
paragraph (6):
‘‘(7) the term ‘protected computer’ has the mean-
ing set forth in section 1030 of this title.’’.
SEC. 12. GOVERNMENT ACCESS TO CONTENTS OF STORED
ELECTRONIC COMMUNICATIONS.
Section 2703(a) of title 18, United States Code, is
amended by striking ‘‘one hundred and eighty days’’ each
place it appears and inserting ‘‘one year’’.
SEC. 13. ENHANCED PRIVACY PROTECTION FOR INFORMA-
TION ON COMPUTER NETWORKS.
Section 2510(17) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A); and
(2) by inserting at the end the following:
‘‘(C) any storage of an electronic commu-
nication by an electronic communication service
without regard to whether the communication
has been accessed by the intended recipient;
and’’.
Calendar No. 562
106TH CONGRESS
2D SESSION
H. R. 5018
[Report No. 106–932]
A BILL
To amend title 18, United States Code, to modify
certain provisions of law relating to the intercep-
tion of communications, and for other purposes.
OCTOBER 4, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed