In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Balancing the Rights Of Web Surfers 
Equally and Responsibly Act of 2017'' or the ``BROWSER Act of 2017''.

SEC. 2. NOTICE OF PRIVACY POLICIES.

    (a) In General.--A provider of a covered service shall provide the 
users of the service with notice of the privacy policies of the 
provider with respect to the service. Such notice shall be clear and 
conspicuous.
    (b) Availability to Prospective Users.--The notice required by 
subsection (a) shall be made available to prospective users--
            (1) at the point of sale of, subscription to, or 
        establishment of an account for the covered service, prior to 
        such sale, subscription, or establishment, whether such point 
        of sale, subscription, or establishment is in person, online, 
        over the telephone, or through another means; or
            (2) if there is no such sale, subscription, or 
        establishment, before the user uses the service.
    (c) Persistent Availability.--The notice required by subsection (a) 
shall be made persistently available.
    (d) Material Changes.--A provider of a covered service shall 
provide users with advance notice of any material change to the privacy 
policies of the provider. The notice required by this subsection shall 
be clear and conspicuous.

SEC. 3. USER OPT-IN OR OPT-OUT APPROVAL RIGHTS BASED ON SENSITIVITY OF 
              INFORMATION.

    (a) Opt-In Approval Required for Sensitive User Information.--
Except as provided in subsection (c), a provider of a covered service 
shall obtain opt-in approval from a user to use, disclose, or permit 
access to the sensitive user information of the user.
    (b) Opt-Out Approval Required for Non-Sensitive User Information.--
Except as provided in subsection (c)--
            (1) a provider of a covered service shall obtain opt-out 
        approval from a user to use, disclose, or permit access to any 
        of the non-sensitive user information of the user; or
            (2) if the provider so chooses, the provider may comply 
        with the requirement of paragraph (1) by obtaining opt-in 
        approval from the user to use, disclose, or permit access to 
        any such non-sensitive user information.
    (c) Limitations and Exceptions.--A provider of a covered service 
may use, disclose, or permit access to user information without user 
approval for the following purposes:
            (1) In providing the covered service from which such 
        information is derived, or in providing services necessary to, 
        or used in, the provision of such service.
            (2) To initiate, render, bill, and collect for the covered 
        service.
            (3) To protect the rights or property of the provider, or 
        to protect users of the covered service and other service 
        providers from fraudulent, abusive, or unlawful use of the 
        service.
            (4) To provide location information or non-sensitive user 
        information--
                    (A) to a public safety answering point, emergency 
                medical service provider or emergency dispatch 
                provider, public safety, fire service, or law 
                enforcement official, or hospital emergency or trauma 
                care facility, in order to respond to the request of 
                the user for emergency services;
                    (B) to inform the legal guardian of the user, or 
                members of the immediate family of the user, of the 
                location of the user in an emergency situation that 
                involves the risk of death or serious physical harm; or
                    (C) to providers of information or database 
                management services solely for purposes of assisting in 
                the delivery of emergency services in response to an 
                emergency.
            (5) As otherwise required or authorized by law.
    (d) Mechanism for Exercising User Approval.--
            (1) In general.--A provider of a covered service shall make 
        available a simple, easy-to-use mechanism for users to grant, 
        deny, or withdraw opt-in approval or opt-out approval at any 
        time.
            (2) Form and manner.--The mechanism required by paragraph 
        (1) shall be--
                    (A) clear and conspicuous; and
                    (B) made available--
                            (i) at no additional cost to the user; and
                            (ii) in a language other than English, if 
                        the provider transacts business with the user 
                        in such other language.
            (3) Effect.--The grant, denial, or withdrawal of opt-in 
        approval or opt-out approval by a user shall--
                    (A) be given effect promptly; and
                    (B) remain in effect until the user revokes or 
                limits such grant, denial, or withdrawal of approval.

SEC. 4. SERVICE OFFERS CONDITIONED ON WAIVERS OF PRIVACY RIGHTS.

    A provider of a covered service may not--
            (1) condition, or effectively condition, provision of such 
        service on agreement by a user to waive privacy rights 
        guaranteed by law or regulation, including this Act; or
            (2) terminate such service or otherwise refuse to provide 
        such service as a direct or indirect consequence of the refusal 
        of a user to waive any such privacy rights.

SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) General Application.--The requirements of this Act apply, 
according to their terms, to--
            (1) those persons, partnerships, and corporations over 
        which the Commission has authority pursuant to section 5(a)(2) 
        of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and
            (2) providers of broadband internet access service, 
        notwithstanding the exception in such section for common 
        carriers subject to the Communications Act of 1934 (47 U.S.C. 
        151 et seq.).
    (b) Unfair or Deceptive Acts or Practices.--A violation of this Act 
shall be treated as an unfair or deceptive act or practice in or 
affecting commerce for purposes of section 5(a)(2) of the Federal Trade 
Commission Act (15 U.S.C. 45(a)(2)).
    (c) Powers of Commission.--Except as provided in subsection (a)(2) 
of this section--
            (1) the Commission shall enforce this Act in the same 
        manner, by the same means, and with the same jurisdiction, 
        powers, and duties as though all applicable terms and 
        provisions of the Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.) were incorporated into and made a part of this Act; and
            (2) any person who violates this Act shall be subject to 
        the penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Broadband internet access service.--
                    (A) In general.--The term ``broadband internet 
                access service'' means a mass-market retail service by 
                wire or radio that provides the capability to transmit 
                data to and receive data from all or substantially all 
                internet endpoints, including any capabilities that are 
                incidental to and enable the operation of the 
                communications service, but excluding dial-up internet 
                access service.
                    (B) Functional equivalent; evasion.--Such term also 
                includes any service that--
                            (i) the Commission finds to be providing a 
                        functional equivalent of the service described 
                        in subparagraph (A); or
                            (ii) is used to evade the protections set 
                        forth in this Act.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Covered service.--The term ``covered service'' means--
                    (A) broadband internet access service; or
                    (B) an edge service.
            (4) Edge service.--The term ``edge service''--
                    (A) means a service provided over the internet--
                            (i) for which the provider requires the 
                        user to subscribe or establish an account in 
                        order to use the service;
                            (ii) that the user purchases from the 
                        provider of the service without a subscription 
                        or account;
                            (iii) by which a program searches for and 
                        identifies items in a database that correspond 
                        to keywords or characters specified by the 
                        user, used especially for finding particular 
                        sites on the World Wide Web; or
                            (iv) by which the user divulges sensitive 
                        user information; and
                    (B) includes a service described in subparagraph 
                (A) that is provided through a software program, 
                including a mobile application.
            (5) Emergency services.--The term ``emergency services'' 
        has the meaning given such term in section 222 of the 
        Communications Act of 1934 (47 U.S.C. 222).
            (6) Material.--The term ``material'' means, with respect to 
        a change in a privacy policy of a provider of a covered 
        service, any change in such policy that a user of the service, 
        acting reasonably under the circumstances, would consider 
        important to the decisions of the user regarding the privacy of 
        the user, including any change to information required to be 
        included in a privacy notice under section 2.
            (7) Mobile application.--The term ``mobile application'' 
        means a software program that runs on the operating system of a 
        mobile device.
            (8) Non-sensitive user information.--The term ``non-
        sensitive user information'' means any user information that is 
        not sensitive user information.
            (9) Opt-in approval.--The term ``opt-in approval'' means a 
        method for obtaining from a user of a covered service consent 
        to use, disclose, or permit access to sensitive user 
        information under which the provider of the service obtains 
        express consent allowing the requested usage, disclosure, or 
        access to the sensitive user information.
            (10) Opt-out approval.--The term ``opt-out approval'' means 
        a method for obtaining from a user of a covered service consent 
        to use, disclose, or permit access to non-sensitive user 
        information under which the user is deemed to have consented to 
        the use, disclosure, or access to the non-sensitive user 
        information if the user has failed to object to such use, 
        disclosure, or access.
            (11) Public safety answering point.--The term ``public 
        safety answering point'' has the meaning given such term in 
        section 222 of the Communications Act of 1934 (47 U.S.C. 222).
            (12) Sensitive user information.--The term ``sensitive user 
        information'' includes any of the following:
                    (A) Financial information.
                    (B) Health information.
                    (C) Information pertaining to children under the 
                age of 13.
                    (D) Social Security number.
                    (E) Precise geo-location information.
                    (F) Content of communications.
                    (G) Web browsing history, history of usage of a 
                software program (including a mobile application), and 
                the functional equivalents of either.
            (13) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, Guam, American Samoa, the Virgin Islands of the United 
        States, the Commonwealth of the Northern Mariana Islands, any 
        other territory or possession of the United States, and each 
        federally recognized Indian Tribe.
            (14) User.--The term ``user'' means, with respect to a 
        covered service, a person who--
                    (A) is a current or former--
                            (i) subscriber to such service; or
                            (ii) holder of an account for such service;
                    (B) purchases such service without a subscription 
                or account;
                    (C) is an applicant for such service; or
                    (D) in the case of a service described in clause 
                (iii) or (iv) of paragraph (4)(A), uses the service.
            (15) User information.--The term ``user information'' means 
        any information that--
                    (A) a provider of a covered service acquires in 
                connection with the provision of such service; and
                    (B) is linked or reasonably linkable to an 
                individual.

SEC. 7. RELATIONSHIP TO OTHER LAW.

    (a) Preemption of State Law.--No State or political subdivision of 
a State shall, with respect to a provider of a covered service subject 
to this Act, adopt, maintain, enforce, or impose or continue in effect 
any law, rule, regulation, duty, requirement, standard, or other 
provision having the force and effect of law relating to or with 
respect to the privacy of user information.
    (b) Other Federal Law.--
            (1) In general.--Except as provided in paragraph (2), 
        nothing in this Act shall be construed to supercede any other 
        Federal statute or regulation relating to information privacy.
            (2) Communications act of 1934.--Insofar as any provision 
        of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or 
        any regulations promulgated under such Act apply to any person, 
        partnership, or corporation subject to this Act with respect to 
        privacy policies, terms of service, and practices covered by 
        this Act, such provision of the Communications Act of 1934 or 
        such regulations shall have no force or effect, unless such 
        regulations pertain to emergency services.

Output: Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017 or the BROWSER Act of 2017 This bill authorizes the Federal Trade Commission to enforce information privacy protections that require broadband Internet access services and certain websites or mobile applications providing subscription, account, purchase, or search engine services to allow users to opt-in or opt-out of the use, disclosure, or access to their user information depending on the sensitivity of the information.  Opt-in approval through the user's express consent must be obtained for the use of sensitive information that is:   financial information, health information, about children under 13, Social Security numbers, precise geo-location information, content of communications, web browsing history, or  history of usage of a software program or mobile application.  Opt-out approval must be provided for the use of non-sensitive user information under a method in which users are deemed to have consented if they fail to object after being provided notice of privacy policies. The bill allows a service provider to use information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service. Service providers must allow users to grant, deny, or withdraw approval at any time.  The bill prohibits providers from conditioning service on a user's agreement to waive privacy rights.


Input: Consider Input: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Emergency 
Unemployment Compensation Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Extension of the Temporary Extended Unemployment Compensation 
                            Act of 2002.
Sec. 3. Entitlement to additional weeks of temporary extended 
                            unemployment compensation.
Sec. 4. Application of revised rate of insured unemployment.
Sec. 5. Additional TEUC extended benefit period trigger.
Sec. 6. Additional weeks of benefits for workers in high unemployment 
                            States.
Sec. 7. Effective date.

SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION 
              ACT OF 2002.

    (a) Six-Month Extension of Program.--Section 208 of the Temporary 
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 
Stat. 30) is amended to read as follows:

``SEC. 208. APPLICABILITY.

    ``(a) In General.--Subject to subsection (b), an agreement entered 
into under this title shall apply to weeks of unemployment--
            ``(1) beginning after the date on which such agreement is 
        entered into; and
            ``(2) ending before July 1, 2003.
    ``(b) Transition.--In the case of an individual who is receiving 
temporary emergency unemployment compensation for the week which 
immediately precedes July 1, 2003, temporary emergency unemployment 
compensation shall continue to be payable to such individual for any 
week thereafter from the account from which such individual received 
compensation for the week which includes such termination date. No 
compensation shall be payable by reason of the preceding sentence for 
any week beginning after October 14, 2003.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as if included in the enactment of the Temporary Extended 
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 
21).

SEC. 3. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED 
              UNEMPLOYMENT COMPENSATION.

    Paragraph (1) of section 203(b) of the Temporary Extended 
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 
21) is amended to read as follows:
            ``(1) In general.--The amount established in an account 
        under subsection (a) shall be equal to 26 times the 
        individual's weekly benefit amount for the benefit year.''.

SEC. 4. APPLICATION OF REVISED RATE OF INSURED UNEMPLOYMENT.

    Section 207 of the Temporary Extended Unemployment Compensation Act 
of 2002 (Public Law 107-147; 116 Stat. 21) is amended--
            (1) by striking ``In this title, the terms'' and inserting 
        the following: ``In this title:
            ``(1) General definitions.--The terms''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Adjusted insured unemployment rate.--For weeks of 
        unemployment beginning on or after the date of enactment of the 
        Emergency Unemployment Compensation Act of 2002, the term `rate 
        of insured unemployment' has the meaning given that term in 
        section 203(e)(1) of the Federal-State Extended Unemployment 
        Compensation Act of 1970 (26 U.S.C. 3304 note), except that 
        individuals exhausting their right to regular compensation 
        during the most recent 3 calendar months for which data are 
        available before the close of the period for which such rate is 
        being determined shall be taken into account as if they were 
        individuals filing claims for regular compensation for each 
        week during the period for which such rate is being 
        determined.''.

SEC. 5. ADDITIONAL TEUC EXTENDED BENEFIT PERIOD TRIGGER.

    (a) In General.--Section 203(c) of the Temporary Extended 
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 
21) is amended by adding at the end the following new paragraph:
            ``(3) Additional extended benefit period trigger.--
                    ``(A) In general.--Effective with respect to 
                compensation for weeks of unemployment beginning on or 
                after the date of enactment of the Emergency 
                Unemployment Compensation Act of 2002, an agreement 
                under this title shall provide that, in addition to any 
                other extended benefit period trigger, for purposes of 
                beginning or ending any extended benefit period under 
                this section--
                            ``(i) there is a State `on' indicator for a 
                        week if--
                                    ``(I) the average rate of total 
                                unemployment in such State (seasonally 
                                adjusted) for the period consisting of 
                                the most recent 3 months for which data 
                                for all States are published before the 
                                close of such week equals or exceeds 6 
                                percent; and
                                    ``(II) the average rate of total 
                                unemployment in such State (seasonally 
                                adjusted) for the 3-month period 
                                referred to in clause (i) equals or 
                                exceeds 110 percent of such average 
                                rate for either (or both) of the 
                                corresponding 3-month periods ending in 
                                the 2 preceding calendar years; and
                            ``(ii) there is a State `off' indicator for 
                        a week if either the requirements of subclause 
                        (I) or (II) of clause (i) are not satisfied.
                    ``(B) No effect on other determinations.--
                Notwithstanding the provisions of any agreement 
                described in subparagraph (A), any week for which there 
                would otherwise be a State `on' indicator shall 
                continue to be such a week and shall not be determined 
                to be a week for which there is a State `off' 
                indicator.
                    ``(C) Determinations made by the secretary.--For 
                purposes of this subsection, determinations of the rate 
                of total unemployment in any State for any period (and 
                of any seasonal adjustment) shall be made by the 
                Secretary.''.
    (b) Conforming Amendment.--Section 203(c)(1) of the Temporary 
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 
Stat. 21) is amended by inserting ``or (3)'' after ``paragraph (2)''.

SEC. 6. ADDITIONAL WEEKS OF BENEFITS FOR WORKERS IN HIGH UNEMPLOYMENT 
              STATES.

    Section 203(c)(1) of the Temporary Extended Unemployment 
Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) is amended 
by striking ``an amount equal to the amount originally established in 
such account (as determined under subsection (b)(1))'' and inserting 
``7 times the individual's weekly benefit amount for the benefit 
year''.

SEC. 7. EFFECTIVE DATE.

    Except as otherwise provided in this Act, the amendments made by 
this Act shall apply with respect to weeks of unemployment beginning on 
or after the date of enactment this Act.

Output: Emergency Unemployment Compensation Act of 2002 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA, which is title II of the Job Creation and Worker Assistance Act of 2002, PL107-147) to extend the TEUCA program through weeks of unemployment ending before July 1, 2003 (currently January 1, 2003).Entitles eligible individuals in all States to a total of 26 weeks of TEUCA compensation (13 weeks beyond the current 13 weeks).Provides an additional seven weeks of TEUCA benefits for workers in high unemployment States (entitling them to a total of 33, which is 20 weeks beyond the current 13).Applies a revised adjusted insured unemployment rate State trigger. Sets an additional TEUCA benefit period State trigger based on total unemployment rate.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Email Privacy Act''.

SEC. 2. VOLUNTARY DISCLOSURE CORRECTIONS.

    (a) In General.--Section 2702 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``divulge'' and inserting 
                        ``disclose'';
                            (ii) by striking ``while in electronic 
                        storage by that service'' and inserting ``that 
                        is in electronic storage with or otherwise 
                        stored, held, or maintained by that service'';
                    (B) in paragraph (2)--
                            (i) by striking ``to the public'';
                            (ii) by striking ``divulge'' and inserting 
                        ``disclose''; and
                            (iii) by striking ``which is carried or 
                        maintained on that service'' and inserting 
                        ``that is stored, held, or maintained by that 
                        service''; and
                    (C) in paragraph (3)--
                            (i) by striking ``divulge'' and inserting 
                        ``disclose''; and
                            (ii) by striking ``a provider of'' and 
                        inserting ``a person or entity providing'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``wire or electronic'' before 
                ``communication'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) to an originator, addressee, or intended recipient of 
        such communication, to the subscriber or customer on whose 
        behalf the provider stores, holds, or maintains such 
        communication, or to an agent of such addressee, intended 
        recipient, subscriber, or customer;''; and
                    (C) by amending paragraph (3) to read as follows:
            ``(3) with the lawful consent of the originator, addressee, 
        or intended recipient of such communication, or of the 
        subscriber or customer on whose behalf the provider stores, 
        holds, or maintains such communication;'';
            (3) in subsection (c) by inserting ``wire or electronic'' 
        before ``communications'';
            (4) in each of subsections (b) and (c), by striking 
        ``divulge'' and inserting ``disclose''; and
            (5) in subsection (c), by amending paragraph (2) to read as 
        follows:
            ``(2) with the lawful consent of the subscriber or 
        customer;''.

SEC. 3. AMENDMENTS TO REQUIRED DISCLOSURE SECTION.

    Section 2703 of title 18, United States Code, is amended--
            (1) by striking subsections (a) through (c) and inserting 
        the following:
    ``(a) Contents of Wire or Electronic Communications in Electronic 
Storage.--Except as provided in subsections (i) and (j), a governmental 
entity may require the disclosure by a provider of electronic 
communication service of the contents of a wire or electronic 
communication that is in electronic storage with or otherwise stored, 
held, or maintained by that service only if the governmental entity 
obtains 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) that--
            ``(1) is issued by a court of competent jurisdiction; and
            ``(2) may indicate the date by which the provider must make 
        the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by which 
the provider must make disclosure to the governmental entity, the 
provider shall promptly respond to the warrant.
    ``(b) Contents of Wire or Electronic Communications in a Remote 
Computing Service.--
            ``(1) In general.--Except as provided in subsections (i) 
        and (j), a governmental entity may require the disclosure by a 
        provider of remote computing service of the contents of a wire 
        or electronic communication that is stored, held, or maintained 
        by that service only if the governmental entity obtains 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) that--
                    ``(A) is issued by a court of competent 
                jurisdiction; and
                    ``(B) may indicate the date by which the provider 
                must make the disclosure to the governmental entity.
        In the absence of a date on the warrant indicating the date by 
        which the provider must make disclosure to the governmental 
        entity, the provider shall promptly respond to the warrant.
            ``(2) Applicability.--Paragraph (1) is applicable with 
        respect to any wire or electronic communication that is stored, 
        held, or maintained by the provider--
                    ``(A) on behalf of, and received by means of 
                electronic transmission from (or created by means of 
                computer processing of communication received by means 
                of electronic transmission from), a subscriber or 
                customer of such remote computing service; and
                    ``(B) solely for the purpose of providing storage 
                or computer processing services to such subscriber or 
                customer, if the provider is not authorized to access 
                the contents of any such communications for purposes of 
                providing any services other than storage or computer 
                processing.
    ``(c) Records Concerning Electronic Communication Service or Remote 
Computing Service.--
            ``(1) In general.--Except as provided in subsections (i) 
        and (j), a governmental entity may require the disclosure by a 
        provider of electronic communication service or remote 
        computing service of a record or other information pertaining 
        to a subscriber to or customer of such service (not including 
        the contents of wire or electronic communications), only--
                    ``(A) if a governmental entity obtains 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) that--
                            ``(i) is issued by a court of competent 
                        jurisdiction directing the disclosure; and
                            ``(ii) may indicate the date by which the 
                        provider must make the disclosure to the 
                        governmental entity;
                    ``(B) if a governmental entity obtains a court 
                order directing the disclosure under subsection (d);
                    ``(C) with the lawful consent of the subscriber or 
                customer; or
                    ``(D) as otherwise authorized in paragraph (2).
            ``(2) Subscriber or customer information.--A provider of 
        electronic communication service or remote computing service 
        shall, in response to an administrative subpoena authorized by 
        Federal or State statute, a grand jury, trial, or civil 
        discovery subpoena, or any means available under paragraph (1), 
        disclose to a governmental entity the--
                    ``(A) name;
                    ``(B) address;
                    ``(C) local and long distance telephone connection 
                records, or records of session times and durations;
                    ``(D) length of service (including start date) and 
                types of service used;
                    ``(E) telephone or instrument number or other 
                subscriber or customer number or identity, including 
                any temporarily assigned network address; and
                    ``(F) means and source of payment for such service 
                (including any credit card or bank account number);
        of a subscriber or customer of such service.
            ``(3) Notice not required.--A governmental entity that 
        receives records or information under this subsection is not 
        required to provide notice to a subscriber or customer.'';
            (2) in subsection (d)--
                    (A) by striking ``(b) or'';
                    (B) by striking ``the contents of a wire or 
                electronic communication, or'';
                    (C) by striking ``sought,'' and inserting 
                ``sought''; and
                    (D) by striking ``section'' and inserting 
                ``subsection''; and
            (3) by adding at the end the following:
    ``(h) Notice.--Except as provided in section 2705, a provider of 
electronic communication service or remote computing service may notify 
a subscriber or customer of a receipt of a warrant, court order, 
subpoena, or request under subsection (a), (b), (c), or (d) of this 
section.
    ``(i) Rule of Construction Related to Legal Process.--Nothing in 
this section or in section 2702 shall limit the authority of a 
governmental entity to use an administrative subpoena authorized by 
Federal or State statute, a grand jury, trial, or civil discovery 
subpoena, or 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 to--
            ``(1) require an originator, addressee, or intended 
        recipient of a wire or electronic communication to disclose a 
        wire or electronic communication (including the contents of 
        that communication) to the governmental entity;
            ``(2) require a person or entity that provides an 
        electronic communication service to the officers, directors, 
        employees, or agents of the person or entity (for the purpose 
        of carrying out their duties) to disclose a wire or electronic 
        communication (including the contents of that communication) to 
        or from the person or entity itself or to or from an officer, 
        director, employee, or agent of the entity to a governmental 
        entity, if the wire or electronic communication is stored, 
        held, or maintained on an electronic communications system 
        owned, operated, or controlled by the person or entity; or
            ``(3) require a person or entity that provides a remote 
        computing service or electronic communication service to 
        disclose a wire or electronic communication (including the 
        contents of that communication) that advertises or promotes a 
        product or service and that has been made readily accessible to 
        the general public.
    ``(j) Rule of Construction Related to Congressional Subpoenas.--
Nothing in this section or in section 2702 shall limit the power of 
inquiry vested in the Congress by Article I of the Constitution of the 
United States, including the authority to compel the production of a 
wire or electronic communication (including the contents of a wire or 
electronic communication) that is stored, held, or maintained by a 
person or entity that provides remote computing service or electronic 
communication service.''.

SEC. 4. DELAYED NOTICE.

    Section 2705 of title 18, United States Code, is amended to read as 
follows:
``Sec. 2705. Delayed notice
    ``(a) In General.--A governmental entity acting under section 2703 
may apply to a court for an order directing a provider of electronic 
communication service or remote computing service to which a warrant, 
order, subpoena, or other directive under section 2703 is directed not 
to notify any other person of the existence of the warrant, order, 
subpoena, or other directive.
    ``(b) Determination.--A court shall grant a request for an order 
made under subsection (a) for delayed notification of up to 180 days if 
the court determines that there is reason to believe that notification 
of the existence of the warrant, order, subpoena, or other directive 
will likely result in--
            ``(1) endangering the life or physical safety of an 
        individual;
            ``(2) flight from prosecution;
            ``(3) destruction of or tampering with evidence;
            ``(4) intimidation of potential witnesses; or
            ``(5) otherwise seriously jeopardizing an investigation or 
        unduly delaying a trial.
    ``(c) Extension.--Upon request by a governmental entity, a court 
may grant one or more extensions, for periods of up to 180 days each, 
of an order granted in accordance with subsection (b).''.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act or an amendment made by this Act shall be 
construed to preclude the acquisition by the United States Government 
of--
            (1) the contents of a wire or electronic communication 
        pursuant to other lawful authorities, including the authorities 
        under chapter 119 of title 18 (commonly known as the ``Wiretap 
        Act''), the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.), or any other provision of Federal law not 
        specifically amended by this Act; or
            (2) records or other information relating to a subscriber 
        or customer of any electronic communication service or remote 
        computing service (not including the content of such 
        communications) pursuant to the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119 
        of title 18 (commonly known as the ``Wiretap Act''), or any 
        other provision of Federal law not specifically amended by this 
        Act.

            Passed the House of Representatives April 27, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.


Output: Email Privacy Act (Sec. 2)This bill amends the Electronic Communications Privacy Act of 1986 tomake a series of technical changes to clarify that the voluntary disclosure prohibitions and exceptions to such prohibitions apply to the content of communications regardless of whether the communications are held in storage or have been read. (Sec. 3)Additionally, the bill amends the Electronic Communications Privacy Act of 1986 to revise the standards for when a governmental entity may compel disclosure of communications content from a third party service provider.The bill removes the authority of a government entity to acquire the contents of a communication with a court order.Thegovernment must have a warrant to acquire the contents of a communication from a third party provider.A governmental entity that receives a subscriber'srecords or information from a provider is not required to provide notice to such person; however, a provider may notify a subscriberof a request to disclose information to the government. (Sec. 4)A governmental entity may apply for a court order directing a provider, for up to 180 days, to refrain from notifying any person that the provider has been required to disclose communications or records. Additionally, a governmental entity is allowed to seek one or more extensions of the delayed-notice order for periods of up to 180 days each.The government does not have to demonstrate with certainty that an adverse result will occur from notification; it only has to demonstrate that an adverse result is likely to occur.