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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Public Safety and Cyber Security
Enhancement Act of 2001''.

SEC. 2. INTERCEPTION OF COMMUNICATIONS.

(a) Definitions.--Section 2510(18) of title 18, United States Code,
is amended--
(1) by striking the period and inserting a semicolon; and
(2) by adding at the end the following:
''(19) 'protected computer' has the meaning set forth in
section 1030 of this title; and
''(20) 'computer trespasser' means a person who is
accessing a protected computer without authorization and thus
has no reasonable expectation of privacy in any communication
transmitted to, through, or from the protected computer.''.
(b) Exceptions to Prohibitions.--
(1) Additional exception.--Section 2511(2)(a) of title 18,
United States Code, is amended by adding at the end the
following:
''(iii) It shall not be unlawful under this chapter for a person
acting under color of law to intercept the wire or electronic
communications of a computer trespasser, provided that--
''(A) the owner or operator of the protected computer
expressly authorizes the interception of the computer
trespasser's communications on the protected computer;
''(B) the person acting under color of law is lawfully
engaged in an ongoing investigation;
''(C) the person acting under color of law has reasonable
grounds to believe that the contents of the computer
trespasser's communications will be relevant to the ongoing
investigation; and
''(D) such interception does not acquire communications
other than those transmitted to or from the computer
trespasser.''.
(2) Foreign intelligence exception.--Section 2511(2)(f) of
title 18, United States Code, is amended--
(A) by striking ''this chapter or chapter 121'' and
inserting ''this chapter, chapter 121, or chapter
206''; and
(B) by striking ''wire and oral'' and inserting
''wire, oral, and electronic''.
(3) Relation to other law.--Section 2511(2) of title 18,
United States Code, is amended by adding at the end the
following:
''(i) Nothing in section 631 of the Communications Act of 1934 (47
U.S.C. 551) shall be construed to restrict voluntary or obligatory
disclosures of information under this chapter, chapter 121, or chapter
206, except that such disclosures shall not reveal customer cable
television viewing activity.''.

SEC. 3. PEN REGISTERS AND TRAP AND TRACE DEVICES.

(a) Prohibition.--Section 3121(c) of title 18, United States Code,
is amended--
(1) by inserting ''or trap and trace device'' after ''use a
pen register'';
(2) by inserting '', routing, addressing,'' after ''to the
dialing''; and
(3) by striking ''utilized in call processing.'' and
inserting ''utilized in the processing and transmitting of wire
and electronic communications.''.
(b) Issuance of Order.--
(1) Section 3123(a) of title 18, United States Code, is
amended to read as follows:
''(a) In General.--
''(1) Upon an application made under section 3122(a)(1) of
this title, the court shall enter an ex parte order authorizing
the installation and use of a pen register or a trap and trace
device if the court finds that the attorney for the Government
has certified to the court that the information likely to be
obtained by such installation and use is relevant to an ongoing
criminal investigation. Such order shall, upon service of such
order, apply to any entity providing wire or electronic
communication service in the United States whose assistance may
facilitate the execution of the order.
''(2) Upon an application made under section 3122(a)(2) of
this title, the court shall enter an ex parte order authorizing
the installation and use of a pen register or a trap and trace
device within the jurisdiction of the court if the court finds
that the State law enforcement or investigative officer has
certified to the court that the information likely to be
obtained by such installation and use is relevant to an ongoing
criminal investigation.''.
(2) Section 3123(b)(1) of title 18, United States Code, is
amended--
(A) in subparagraph (A)--
(i) by inserting ''or other facility''
after ''telephone line''; and
(ii) by inserting ''or applied'' before the
semicolon; and
(B) in subparagraph (C)--
(i) by striking ''the number and,'' and
inserting ''the attributes of the
communications to which the order applies, such
as the number or other identifier and,'';
(ii) by striking ''physical'' after '', if
known,'';
(iii) by inserting ''or other facility''
after ''the telephone line'';
(iv) by inserting ''or applied'' after
''device is to be attached''; and
(v) by striking ''and, in the case of a
trap and trace device,'' and inserting '', and
in the case of a trap and trace device
authorized under paragraph (a)(2) of this
section,''.
(3) Section 3123(d)(2) of title 18, United States Code, is
amended--
(A) by inserting ''or other facility'' after ''or
leasing the line''; and
(B) by striking ''attached, or who has been ordered
by the court'' and inserting ''attached or applied, or
who is obligated by the order''.
(c) Emergency Pen Registers and Trap and Trace Devices.--Section
3125(a) of title 18, United States Code, is amended--
(1) by inserting ''any United States Attorney, or any
acting United States Attorney,'' after ''Deputy Assistant
Attorney General,''; and
(2) in paragraph (1)--
(A) in subparagraph (B), by striking the comma and
inserting a semicolon; and
(B) inserting after subparagraph (B) the following:
''(C) immediate threat to a national security
interest; or
''(D) an ongoing attack on a protected computer
that constitutes a crime punishable by a term of
imprisonment greater than one year,''.
(d) Definitions.--
(1) Section 3127(2)(A) of title 18, United States Code, is
amended to read as follows:
''(A) any district court of the United States
(including a magistrate judge of such a court) or
United States Court of Appeals having jurisdiction over
the offense being investigated; or''.
(2) Section 3127(3) of title 18, United States Code, is
amended to read as follows:
''(3) the term 'pen register' means a device or process
which records or decodes dialing, routing, addressing, and
signaling information transmitted by an instrument or facility
from which a wire or electronic communication is transmitted,
but such term does not include any device or process used by a
provider or customer of a wire or electronic communication
service for billing, or recording as an incident to billing,
for communications services provided by such provider or any
device or process used by a provider or customer of a wire
communication service for cost accounting or other like
purposes in the ordinary course of its business;''.
(3) Section 3127(4) of title 18, United States Code, is amended--
(A) by inserting ''or process'' after ''means a device'';
and
(B) by striking ''of an instrument or device'' and all that
follows through the semicolon and inserting ''or other dialing,
routing, addressing, and signaling information relevant to
identifying the source or a wire or electronic
communication;''.
(4) Section 3127 of title 18, United States Code, is amended--
(A) by striking the period in paragraph (6) and inserting
''; and''; and
(B) by adding at the end the following:
''(7) the term 'protected computer' has the meaning set
forth in section 1030 of this title.''.
Output:
Public Safety and Cyber Security Enhancement Act of 2001 - Amends the Federal criminal code to provide an exception to wiretapping prohibitions for a person acting under color of law to intercept the wire or electronic communications of a "computer trespasser" under specified circumstances. Creates a foreign intelligence exception involving the interception of electronic communications.Permits a Government agency authorized to use a pen register or trap and trace device to use technology reasonably available that restricts the recording or decoding of electronic or other impulses to the dialing, routing, addressing, and signaling information utilized in the processing and transmitting of wire and electronic communications.Directs the court, upon application to it, to enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device: (1) if the court finds that the Government attorney has certified that the information likely to be obtained is relevant to an ongoing criminal investigation (which order shall apply nationwide); or (2) within the jurisdiction of the court if the court finds that the State law enforcement or investigative officer has certified that the information likely to be obtained is relevant.Authorizes any U.S. Attorney or acting U.S. Attorney to have installed and to use a pen register or trap and trace device under specified emergency situations, including situations involving: (1) an immediate threat to national security; and (2) an ongoing attack on a protected computer that constitutes a crime punishable by a term of imprisonment greater than one year.