I 
112TH CONGRESS 
2D SESSION 
H. R. 6339 
To amend title 18, United States Code, regarding access to stored 
communications and customer records, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 2, 2012 
Mr. NADLER (for himself and Mr. CONYERS) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, regarding access 
to stored communications and customer records, 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 Modernization Act of 2012’’. 
SEC. 2. REQUIREMENT FOR WARRANT FOR ACCESS TO 
CONTENTS; NOTICE RULES. 
(a) STANDARD FOR ACCESS TO STORED COMMUNICA-
TIONS.— 
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(1) IN GENERAL.—Section 2703(a) of title 18, 
United States Code, is amended to read as follows: 
‘‘(a) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS.—(1) A governmental entity may require the 
disclosure by a provider of electronic communication serv-
ice or remote computing service of the contents of a wire 
or electronic communication that is stored, held or main-
tained by that service only pursuant to— 
‘‘(A) a warrant complying with the Federal 
Rules of Criminal Procedure and issued by a court 
with jurisdiction over the offense under investigation 
or equivalent State warrant; or 
‘‘(B) a court under title I or title VII of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq. and 1881 et seq.). 
‘‘(2) Unless delayed notice is ordered under section 
2705, not later than three days after a governmental enti-
ty receives contents of a communication under this sub-
section, the governmental entity shall notify the subscriber 
or customer concerned of the matters required in notices 
under, and by the means described in, paragraphs (4) and 
(5) of section 2705(a).’’. 
(2) CONFORMING AMENDMENT.—Section 2703 
of title 18, United States Code, is amended by strik-
ing subsection (b). 
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(b) PROHIBITION
ON DISCLOSURE
OF CUSTOMER 
COMMUNICATIONS OR RECORDS.—Section 2702(a)(3) of 
title 18, United States Code, is amended to read as fol-
lows: 
‘‘(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 sec-
tion 2703(a) or any record or other information per-
taining to a subscriber to or customer of such serv-
ice.’’. 
(c) DELAYED NOTICE.—Section 2705 of title 18, 
United States Code, is amended to read as follows: 
‘‘SEC. 2705. DELAYED NOTICE. 
‘‘(a) DELAY OF NOTIFICATION.—(1) A governmental 
entity acting under section 2703(a) may, when a warrant 
is sought, include in the application a request for an order 
delaying the notification required under section 2703(a) 
for a period not to exceed 90 days, and the court shall 
issue the order if the court determines that there is reason 
to believe that notification of the existence of the warrant 
may have an adverse result. 
‘‘(2) In paragraph (1) the term ‘adverse result’ 
means— 
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‘‘(A) endangering the life or physical safety of 
an individual; 
‘‘(B) flight from prosecution; 
‘‘(C) destruction of or tampering with evidence; 
‘‘(D) intimidation of potential witnesses; or 
‘‘(E) otherwise seriously jeopardizing an inves-
tigation or unduly delaying a trial. 
‘‘(3) The court may, upon application, grant an ex-
tension of an order issued under paragraph (1), or of a 
previous extension of such an order, for up to an addi-
tional 90 days. 
‘‘(4) Upon expiration of the period of delay granted 
under this subsection, the governmental entity shall pro-
vide the customer or subscriber a copy of warrant together 
with notice that— 
‘‘(A) states with reasonable specificity the na-
ture of the law enforcement inquiry; and 
‘‘(B) informs such customer or subscriber— 
‘‘(i) that information maintained for such 
customer or subscriber by the service provider 
named in such process or request was supplied 
to or requested by that governmental authority 
and the date on which the supplying or request 
took place; 
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‘‘(ii) that notification of such customer or 
subscriber was delayed; 
‘‘(iii) what court made the determination 
pursuant to which that delay was made; and 
‘‘(iv) which provision of this chapter al-
lowed such delay. 
‘‘(5) The method of providing matter required to be 
provided under paragraph (4) may be by service upon the 
person to whom the matter is to be provided, or delivery 
by registered or first-class mail, electronic mail, or other 
means reasonably calculated to be effective as specified by 
the court issuing the warrant. 
‘‘(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV-
ERNMENTAL
ACCESS.—A governmental entity acting 
under section 2703, to the extent that it may delay notice 
pursuant to subsection (a) of this section, may apply to 
a court for an order commanding a provider of electronic 
communications service or remote computing service to 
whom a warrant is directed not to notify any other person 
of the existence of the warrant. The court shall enter such 
an order, or an extension of such an order (or earlier ex-
tension), for a period up to 90 days, if the court deter-
mines there is reason to believe that notification of the 
existence of the warrant will result in an adverse result 
as that term is defined in subsection (a)(2).’’. 
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SEC. 3. REPORTING REQUIREMENTS. 
(a) IN GENERAL.—Chapter 121 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2713. Reporting requirements 
‘‘(a) GENERAL RULEMAKING AUTHORITY FOR RE-
PORTS UNDER THIS SECTION.—The Director of the Ad-
ministrative Office of the United States Courts may make 
rules regarding the content and form of the reports re-
quired under this section and reports required under sec-
tion 3126. 
‘‘(b) REPORTS CONCERNING DISCLOSURES.— 
‘‘(1) TO ADMINISTRATIVE OFFICE.—Not later 
than 30 days after the issuance or denial of an order 
or warrant compelling the disclosure of the contents 
of any wire or electronic communication or records 
or information under this chapter the issuing or de-
nying judge shall report to the Administrative Office 
of the United States Courts— 
‘‘(A) the fact that an order was applied 
for; 
‘‘(B) the type of order applied for; 
‘‘(C) whether the order was granted as ap-
plied for, was modified, or was denied; 
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‘‘(D) whether the court also granted de-
layed notice and the number of times such 
delay was granted; 
‘‘(E) the identity, including district where 
applicable, of the applying investigative or law 
enforcement agency making the application and 
the person authorizing the application; and 
‘‘(F) the type of information or records 
sought in the order. 
‘‘(2) TO CONGRESS.—In April of each year the 
Director of the Administrative Office of the United 
States Courts shall report to Congress with respect 
to the preceding calendar year— 
‘‘(A) the overall total number of each of 
the events described in the subparagraphs of 
paragraph (1), regarding applications reported 
to that Office; and 
‘‘(B) a summary and analysis of the data 
described in paragraph (1). 
‘‘(c) REPORTS CONCERNING EMERGENCY DISCLO-
SURES.— 
‘‘(1) TO ADMINISTRATIVE OFFICE.—In January 
of each year, the Attorney General, the Secretary of 
the Department of Homeland Security, the principal 
prosecuting attorney of a State, and the principal 
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prosecuting attorney for any political subdivision of 
a State shall report to the Administrative Office of 
the United States Courts— 
‘‘(A) the number of accounts from which 
voluntary disclosures were made under sections 
(b)(8), (c)(4), or (e) of section 2702; and 
‘‘(B) a summary of the basis for disclosure 
in those instances where— 
‘‘(i) voluntary disclosures under sec-
tion 2702(b)(8) were made; and 
‘‘(ii) the investigation pertaining to 
those disclosures was closed without the 
filing of criminal charges. 
‘‘(2) TO CONGRESS.—In April of each year the 
Director of the Administrative Office of the United 
States Courts shall report to Congress with respect 
to the preceding calendar year— 
‘‘(A) the number of voluntary disclosures 
described in paragraph (1) that were made dur-
ing the preceding calendar year; and 
‘‘(B) a summary and analysis of the infor-
mation required to be reported by paragraph 
(1). 
‘‘(d) PROVIDER REPORTING REQUIREMENTS.— 
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‘‘(1) TO ADMINISTRATIVE OFFICE.—Except as 
provided in paragraph (2), in January of each year 
each provider of electronic communication service or 
remote computing services shall report with respect 
to the preceding calendar year to the Administrative 
Office of the United States Courts— 
‘‘(A) the number of legal demands received 
from Federal law enforcement agencies during 
the preceding calendar year for records con-
cerning electronic communication service or re-
mote computing service; 
‘‘(B) the number of legal demands received 
from Federal law enforcement agencies during 
the preceding calendar year for the contents of 
wire or electronic communications in an elec-
tronic communications service or a remote com-
puting service; 
‘‘(C) the number of legal demands received 
from State and local law enforcement agencies 
during the preceding calendar year for records 
concerning electronic communication service or 
remote computing service; 
‘‘(D) the number of legal demands received 
from State and local law enforcement agencies 
during the preceding calendar year for the con-
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tents of wire or electronic communications in an 
electronic communications service or a remote 
computing service; and 
‘‘(E) the number of accounts about which 
information, including subscriber or customer 
information, was disclosed, specifying the num-
bers disclosed pursuant to legal demand and 
the numbers disclosed voluntarily, to Federal, 
State, or local law enforcement agencies. 
‘‘(2) EXCEPTIONS.—The requirement of para-
graph (1) does not apply to a provider of electronic 
communication services or remote computing serv-
ices that, during the reporting period— 
‘‘(A) received less than 50 requests com-
bined from law enforcement agencies; 
‘‘(B) disclosed account information con-
cerning less than 100 subscribers or customers; 
or 
‘‘(C) had less than 100,000 total cus-
tomers or subscribers at the end of the calendar 
year. 
‘‘(3) COMPENSATION.—The Director of the Ad-
ministrative Office of the United States Court may 
provide reasonable compensation to a provider for 
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the costs of compiling a report required under this 
subsection. 
‘‘(4) CONFIDENTIALITY OF IDENTITY OF SERV-
ICE PROVIDERS.—The Director of the Administra-
tive Office of the United States Courts shall estab-
lish procedures to prevent the release to the public 
of the identity of service providers with respect to 
disclosures they make under this subsection. 
‘‘(5) TO CONGRESS.—In April of each year, the 
Director of the Administrative Office of the United 
States Courts shall report to Congress with respect 
to the preceding calendar year— 
‘‘(A) the total numbers of legal demands 
and of disclosures required to be reported under 
paragraph (1); and 
‘‘(B) a summary and analysis of the infor-
mation required to be reported by paragraph 
(1), but without disclosing the identity of any 
service provider with respect to the disclosures 
to law enforcement that service provider 
made.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 121 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘2713. Reporting requirements.’’. 
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(c) CONFORMING AMENDMENT.—Section 2702 of 
title 18, United States Code, is amended by striking sub-
section (d). 
SEC. 4. REPORT REGARDING MOBILE TRACKING DEVICES. 
Not later than two years after the date of the enact-
ment of this subsection, the Attorney General shall com-
plete a study to determine trends relating to the frequency 
and effectiveness of the use of mobile tracking devices 
under section 3117 and report the results of that study 
to Congress. 
SEC. 5. REPORTS CONCERNING PEN REGISTERS AND TRAP 
AND TRACE DEVICES. 
Section 3126 of title 18 is amended to read as fol-
lows: 
‘‘§ 3126. Reports concerning pen registers and trap 
and trace devices 
‘‘(a) TO ADMINISTRATIVE OFFICE.—Not later than 
30 days after the expiration of an order (or each extension 
thereof) entered under section 3123, or the denial of an 
order for a pen register or trap and trace device, the 
issuing or denying judge shall report to the Administrative 
Office of the United States Courts— 
‘‘(1) the fact that an order or extension was ap-
plied for; 
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‘‘(2) whether the order or extension was grant-
ed as applied for, was modified, or was denied; 
‘‘(3) the period of interceptions authorized by 
the order, and the number and duration of any ex-
tensions of the order; 
‘‘(4) the offense specified in the order or appli-
cation, or extension of an order; 
‘‘(5) the number and nature of the facilities af-
fected; and 
‘‘(6) the identity, including district, of the ap-
plying investigative or law enforcement agency mak-
ing the application and the person authorizing the 
order. 
‘‘(b) TO CONGRESS.—In April of each year the Direc-
tor of the Administrative Office of the United States 
Courts shall report to Congress with respect to the pre-
ceding calendar year— 
‘‘(1) the number of applications for pen register 
orders and orders for trap and trace devices; and 
‘‘(2) a summary and analysis of the information 
required to be reported by subsection (a).’’. 
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SEC. 6. TRANSITION PROVISION RELATED TO REPORTING 
REQUIREMENTS UNDER AMENDMENTS MADE 
BY THIS ACT. 
(a) FOR REPORTS TO THE ADMINISTRATIVE OF-
FICE.—Any requirement to report to the Administrative 
Office of the United States Courts contained in an amend-
ment made by this Act shall not take effect until the be-
ginning of the first January that begins one year or later 
after the date of the enactment of this Act. 
(b) FOR REPORTS TO CONGRESS.—Any requirement 
for a report to Congress contained in an amendment made 
by this Act shall not take effect until reports have been 
required to be made under that amendment to the Admin-
istrative Office of the United States Courts pursuant to 
subsection (a) for an entire calendar year. 
SEC. 7. MAKING SUPPRESSION REMEDIES THE SAME FOR 
INTERCEPTED 
WIRE, 
ORAL, 
AND 
ELEC-
TRONIC COMMUNICATIONS. 
(a) SECTION 2518 AMENDMENTS.—Section 2518(10) 
of title 18, United States Code, is amended— 
(1) in paragraph (a), by striking ‘‘wire’’ and in-
serting ‘‘electronic, wire,’’; and 
(2) by striking paragraph (c). 
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(b) SECTION 2515 AMENDMENT.—Section 2515 of 
title 18, United States Code, is amended by striking 
‘‘wire’’ and inserting ‘‘electronic, wire,’’. 
Æ 
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