REAP Act of 2013

Bill: 113-hr-3557
Sponsor: full_name: Rep. Gosar, Paul A. [R-AZ-4]
Introduced: 2013-11-20
Policy area: Crime and Law Enforcement
Subjects: Business records

Computer security and identity theft

Consumer affairs

Criminal investigation, prosecution, interrogation

Criminal procedure and sentencing

Intelligence activities, surveillance, classified information

Internet and video services

Internet, web applications, social media

Right of privacy

Telephone and wireless communication
Latest action: action_date: 2014-01-09
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2013-11-20
action_desc: Introduced in House
text: <p>Reasonable Expectation of American Privacy Act of 2013 or the REAP Act of 2013 - Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of electronic communication service or remote computing service to the public from knowingly divulging subscriber or customer password information to any person or entity.</p> <p>Provides exceptions from such prohibition to authorize such providers to disclose password information if it is:</p> <ul> <li>required by the government pursuant to a warrant;</li> <li>divulged with the customer's consent; </li> <li>incident to the rendition of the service or to the protection of the rights or property of the service provider; </li> <li>provided to the National Center for Missing and Exploited Children; or </li> <li>divulged to the government if the provider believes that an emergency involving danger of death or serious physical injury requires disclosure without delay of password information relating to the emergency.</li> </ul> <p>Revises procedures under which the government may require such providers to disclose the contents of wire or electronic communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored&nbsp;for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service or a remote computing service.</p> <p> Requires the government to obtain a warrant from a court to require such providers to disclose the content of such communications with the same standards applying regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service. (Currently, when such communications have been stored for more than 180 days by an electronic communication service, or for any period of time by a remote computing service, the government may obtain the contents without required notice to the customer or subscriber when using a warrant; with prior notice or delayed notice using an administative, grand jury, or trial subpoena; or with prior notice or delayed notice under a court order when there are reasonable grounds to believe the contents are relevant and material to an ongoing criminal investigation.)</p> <p>Permits the government to require the disclosure of customer or subscriber password information under similar warrant procedures.</p> <p>Prohibits password information from being included in a request by the Federal Bureau of Investigation (FBI) for subscriber information, toll billing information, or electronic communication transactional records for counterintelligence purposes. </p> <p>Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to exclude password information from the categories of tangible things (commonly referred to as business records) that the FBI may request in an application to a FISA court for a production order in an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 3557 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Gosar introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, to provide increased protections for consumer or subscriber password information, and to amend the Foreign Intelligence Surveillance Act of 1978 to provide that the Director of the Federal Bureau of Investigation may not access password information pursuant to an order under section 501 of that Act, and for other purposes.

1. Short title This Act may be cited as the Reasonable Expectation of American Privacy Act of 2013 or the REAP Act of 2013 . 2. Increased protections relating to voluntary disclosure of password information Section 2702 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking subsection (b) or (c) and inserting subsection (b), (c), or (d) ; (B) in paragraph (2), by striking and at the end; (C) in paragraph (3)— (i) by inserting after (not including the contents of communications covered by paragraph (1) or (2) the following: , or the password information covered by paragraph (4) ; and (ii) by striking the period at the end and inserting ; and ; and (D) by inserting after paragraph (3) the following: (4) a person or entity providing an electronic communication service or a remote computing service to the public shall not knowingly divulge to any person or entity the password information pertaining to a subscriber or customer of such service. ; (2) in subsection (c), by inserting after (not including the contents of communications covered by subsection (a)(1) or (2) the following: , or the password information covered by subsection (a)(4) ; (3) by redesignating subsection (d) as subsection (e); (4) by inserting after subsection (c) the following: (d) Exceptions for Disclosure of Password Information A provider described in subsection (a) may divulge the password information pertaining to a subscriber or customer of such service— (1) as otherwise authorized in 2703 of this title; (2) with the lawful consent of the subscriber or customer; (3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; (4) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 2258A; or (5) to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of password information relating to the emergency. ; and (5) in subsection (e), as so redesignated, by inserting after subsection (b)(8) each place it appears, the following: or (d)(5) . 3. Increased protections relating to required disclosure of customer communications and password information (a) In general Section 2703 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in the first sentence, by inserting after A governmental entity may require the disclosure by a provider of electronic communication service the following: or remote computing service ; (B) by striking in an electronic communications system for one hundred and eighty days or less ; and (C) by striking the second sentence; (2) by amending subsection (b) to read as follows: (b) Password information A governmental entity may require a provider of electronic communication service or remote computing service to disclose the password information pertaining to a subscriber or customer of such service only pursuant to 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) by a court of competent jurisdiction. ; (3) in subsection (c)(1), by inserting after (not including the contents of communications the following: or the password information pertaining to a subscriber or customer of such service ; and (4) in subsection (d), by striking subsection (b) or (c) and inserting subsection (c) . (b) Conforming amendments Chapter 121 of title 18, United States Code, is amended— (1) in section 2701(c)(3), by striking , 2704, ; (2) by repealing sections 2704 and 2705; and (3) in section 2706, by striking section 2702, 2703, or 2704 and inserting section 2702 or 2703 . 4. Password information excluded from transactional records available pursuant to a counterintelligence request Section 2709 of title 18, United States Code, is amended by inserting after subsection (f), the following: (g) Password information A request made pursuant to subsection (b) for electronic communication transactional records may not include a request for the password information pertaining to a subscriber or customer of a provider of electronic communication service or remote computing service. . 5. Password information excluded from tangible things required to be produced through a FISA court order Section 501(a)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(a)(1) ) is amended by inserting after tangible things (including books, records, papers, documents, and other items the following: , but not including password information pertaining to a customer or subscriber of a provider of electronic communication service or remote computing service (as such terms are defined in section 2510 and 2711 of title 18, United States Code, respectively) .