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Summary of HR 5018 (106th Congress)
Electronic Communications Privacy Act of 2000
| This page was last revised on September 27, 2000. |
Sponsor. Rep. Charles Canady
(R-FL). Cosponsors. Reps. Asa Hutchinson (R-AK), Spencer Bachus (R-AL), and Rep.
Roy Blunt (R-MO).
Summary. There are already several versions of HR 5018, even though it
was only introduced just before the August recess. There is HR 5018 IH (the bill as originally introduced); there is
the version that came out of the Constitution Subcommittee; there is an
amendment offered by Rep. Canady on September 20 that would add considerable
language to the subcommittee version; and there is the version adopted by the
Judiciary Committee on September 26.
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| 18 U.S.C. § 2515. |
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Current Law.
Prohibition of use as evidence of intercepted
wire or oral communications
Whenever any wire or oral communication has been intercepted, no
part of the contents of such communication and no evidence derived
therefrom may be received in evidence in any trial, hearing, or
other proceeding in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or other
authority of the United States, a State, or a political subdivision
thereof if the disclosure of that information would be in violation
of this chapter. |
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HR 5018 IH.
Prohibition of use as evidence of intercepted wire
or oral communications
Whenever any wire or oral communication
wire, oral, or electronic communication
has been intercepted or any stored electronic
communication has been disclosed, no part of the contents of
such communication and no evidence derived therefrom may be received
in evidence in any trial, hearing, or other proceeding in or before
any court, grand jury, department, officer, agency, regulatory body,
legislative committee, or other authority of the United States, a
State, or a political subdivision thereof if the disclosure of that
information would be in violation of this chapter or chapter 121. |
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HR 5018, Subcommittee version.
Prohibition of use as evidence of intercepted wire
or electronic communication wire,
oral, or electronic communication
Whenever any wire or oral communication
has been intercepted "(a) Except
as provided in subsection (b), whenever any wire, oral, or
electronic communication has been intercepted, or any electronic
communication in electronic storage has been disclosed, no
part of the contents of such communication and no evidence derived
therefrom may be received in evidence in any trial, hearing, or
other proceeding in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or other
authority of the United States, a State, or a political subdivision
thereof if the disclosure of that information would be in violation
of this chapter or chapter 121.
(b) Subsection (a) does not apply
to the disclosure, before a grand jury or in a criminal trial,
hearing, or other criminal proceeding, of the contents of a
communication, or evidence derived therefrom, against a person
alleged to have intercepted, used, or disclosed the communication in
violation of this chapter, or chapter 121, or participated in such
violation. |
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HR 5018, Subcommittee version, with Canady
amendment of 9/20/00.
Prohibition of use as evidence of intercepted wire
or electronic communication wire,
oral, or electronic communication
Whenever any wire or oral communication
has been intercepted "(a) Except
as provided in subsection (b), whenever any wire, oral, or
electronic communication has been intercepted, or any
electronic communication in electronic storage has been disclosed,
no part of the contents of such communication and no evidence
derived therefrom may be received in evidence in any trial, hearing,
or other proceeding in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or other
authority of the United States, a State, or a political subdivision
thereof if the disclosure of that information would be in violation
of this chapter or chapter 121.
(b) Subsection (a) does not apply
to the disclosure, before a grand jury or in a criminal trial,
hearing, or other criminal proceeding, of the contents of a
communication, or evidence derived therefrom, against a person
alleged to have intercepted, used, or disclosed the communication in
violation of this chapter, or chapter 121, or participated in such
violation. |
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HR 5018 IH is a short bill which does three things. First, it would amend 18
U.S.C. § 2515. This is a section of Chapter 119 of the criminal code (which
pertains to wire and electronic communications interception and interception of
oral communications). § 2515 currently prohibits the use of intercepted wire
communications in evidence, that are prohibited under Chapter 119. HR 5018 IH
would add the word "electronic" and further cover any stored
electronic communication that has been disclosed. Note that "stored
electronic communication" is legalese for email.
Second, HR 5018 IH would require judges to make certain reports to the
Administrative Office (AO) of the United States Courts regarding
"disclosure of stored electronic communications", and further require
the AO to make annual reports to the Congress.
Third, it would require that pen register and trap and trace orders shall not
be issued for e-mail addresses, "unless the court finds that specific and
articulable facts reasonably indicate that a crime has been, is being, or will
be committed, and information likely to be obtained by such installation and use
is relevant to an investigation of that crime ..."
HR 5018, as reported by the Constitution Subcommittee, is the original
bill, with an amendment offered by Rep. Canady, and an amendment offered by Rep.
Bob Barr (R-GA). The Barr amendment prohibits the government from using cell
phones as tracking devices without probable cause. The Canady amendment
contains numerous changes. See, Canady statement explaining his amendment.
Finally, there is the matter of Rep. Canady's amendment of September 20,
which adds considerable language to the version reported by the Subcommittee. In
particular it would add lengthy provisions regarding computer crimes.
Status. HR 5018 was introduced on July 27, 2000, and referred to the
House Judiciary Committee and its Constitution Subcommittee. It moved quickly to
subcommittee markup on September 14. The full committee began its markup on
September 20. The full committee approved on September 26. While many members
would like to see an electronic privacy bill passed in the 106th Congress, the
issues are complex, the disagreements are many, and the remaining time in the
106th Congress is short. It is likely that this is just the beginning of a long
legislative process that will continue well into the 107th Congress.
Legislative History with Links to Related Materials:
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