HR 5018 IH, Electronic Communications Privacy Act of 2000.
Date Introduced: July 27, 2000.
Sponsor: Rep. Charles Canady (R-FL).
Source: Library of Congress.

To amend title 18, United States Code, to modify certain provisions of law relating to the interception of communications, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 27, 2000

Mr. CANADY of Florida (for himself and Mr. HUTCHINSON) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to modify certain provisions of law relating to the interception of communications, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Electronic Communications Privacy Act of 2000'.

SEC. 2. EXCLUSIONARY RULE.

Section 2515 of title 18, United States Code, is amended--

(1) by striking `wire or oral communication' and inserting `wire, oral, or electronic communication';

(2) by inserting `, or any stored electronic communication has been disclosed,' after `has been intercepted'; and

(3) by inserting `or chapter 121' after `this chapter'.

SEC. 3. REPORTS CONCERNING THE DISCLOSURE OF STORED ELECTRONIC COMMUNICATIONS.

Section 2703 of title 18, United States Code, is amended by adding at the end the following:

`(g) REPORTS CONCERNING THE DISCLOSURE OF STORED ELECTRONIC COMMUNICATIONS-

(1) Within thirty days after the expiration of an order (or each extension thereof) entered under subsection (d), or the denial of an order approving a disclosure of stored electronic communications, the issuing or denying judge shall report to the Administrative Office of the United States Courts--

(A) the fact that an order or extension was applied for;

(B) the kind of order or extension applied for;

(C) the fact that the order or extension was granted as applied for, was modified, or was denied;

(D) the period of disclosures authorized by the order, and the number and duration of any extensions of the order;

(E) the offense specified in the order or application, or extension of an order;

(F) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and

(G) the nature of the facilities from which or the place where stored electronic communications were to be disclosed.

(2) In January of each year the Attorney General, an Assistant Attorney General specially designated by the Attorney General, or the principal prosecuting attorney of a State, or the principal prosecuting attorney for any political subdivision of a State, shall report to the Administrative Office of the United States Courts--

(A) the information required by subparagraphs (A) through (G) of paragraph (1) of this section with respect to each application for an order or extension made during the preceding calendar year;

(B) a general description of the disclosures made under such order or extension, including--

(i) the approximate nature and frequency of incriminating communications disclosed;

(ii) the approximate nature and frequency of other communications disclosed;

(iii) the approximate number of persons whose communications were disclosed; and

(iv) the approximate nature, amount, and cost of the manpower and other resources used in the disclosures;

(C) the number of arrests resulting from disclosures made under such order or extension, and the offenses for which arrests were made;

(D) the number of trials resulting from such disclosures;

(E) the number of motions to suppress made with respect to such disclosures, and the number granted or denied;

(F) the number of convictions resulting from such disclosures and the offenses for which the convictions were obtained and a general assessment of the importance of the disclosures;

(G) the approximate number of persons whose communications were disclosed and who were not charged with a crime; and

(H) the information required by subparagraphs (B) through (G) of this paragraph with respect to orders or extensions obtained in a preceding calendar year.

(3) In April of each year the Director of the Administrative Office of the United States Courts shall transmit to the Congress a full and complete report concerning the number of applications for orders authorizing or approving the disclosure of stored electronic communications pursuant to this chapter and the number of orders and extensions granted or denied pursuant to this chapter during the preceding calendar year. Such report shall include a summary and analysis of the data required to be filed with the Administrative Office by paragraphs (1) and (2) of this section. The Director of the Administrative Office of the United States Courts is authorized to issue binding regulations dealing with the content and form of the reports required to be filed by paragraphs (1) and (2) of this section.

SEC. 4. PEN REGISTERS.

(a) APPLICATION- Section 3122(b)(2) of title 18, United States Code, is amended to read as follows:

`(2) a showing by the applicant that the requirements of section 3123 have been met.'.

(b) ISSUANCE OF ORDER- Section 3123 of title 18, United States Code, is amended--

(1) in subsection (a), by inserting `, except that such order shall not be entered if the pen register or trap and trace device identifies an e-mail address 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' before the period at the end; and

(2) in subparagraphs (A) and (C) of subsection (b)(1), by striking `telephone' and inserting `transmission'.

(c) DEFINITIONS- Section 3127 of title 18, United States Code, is amended--

(1) in paragraph (3), by inserting `or which identify the e-mail address transmitted' after `attached'; and

(2) in paragraph (4), by inserting `, or which identify an e-mail address' after `transmitted'.