Below is the language of three rough drafts of amendments to HR 3482, the Cyber Security Enhancement Act of 2002. These amendments were prepared by Rep. Bobby Scott (D-VA) prior to the House Crime Subcommittee's mark up of HR 3482 on February 26, 2002. Rep. Scott discussed, but did not offer, these three amendments.

On page 3, after Section 103, insert the following and renumber subsequent sections accordingly:

SEC. 104. USE AS EVIDENCE.

(a) IN GENERAL--Section 2515 of title 18, United States Code, is amended--

(1) by striking `wire or oral' in the heading and inserting `wire, oral, or electronic'.

(2) by striking `Whenever any wire or oral communication has been intercepted' and inserting

(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';

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

(4) by adding at the end the following:

(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.'.

(c) In subsection (10)--

(A) in paragraph (a)--

(i) by striking `or oral' each place it appears and inserting `, oral, or electronic';

(ii) by striking the period at the end of clause (iii) and inserting a semicolon; and

(iii) by inserting `except that no suppression may be ordered under the circumstances described in section 2515(b).' before `Such motion'; and

(B) by striking paragraph (c).

(d) CLERICAL AMENDMENT--The item relating to section 2515 in the table of sections at the beginning of chapter 119 of title 18, United States Code, is amended to read as follows:

`2515. Prohibition of use as evidence of intercepted wire, oral, or electronic communications.'.

Strike section 102 and insert in lieu thereof the following:

"SEC. 102. EMERGENCY DISCLOSURE EXCEPTION.

(a) EMERGENCY EXCEPTION.  Section 2702(b) of title 18, United States Code, is amended--

(1) by striking `or' at the end of paragraph (5);

(2) by striking the period at the end of paragraph (6) and inserting `; or'; and

(3) by inserting after paragraph (6) the following:

`(7) to a governmental entity, if the contents were inadvertently obtained by the service provider and the provider believes, in good faith, that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay.'

(b) REPORTING REQUIREMENT. Section 2702 of title 18, United States Code, is amended by adding at the end thereof the following:

(d) Reporting of disclosures.--A government entity that receives a disclosure to a governmental entity under subparagraphs (b)(6), (b)(7) or (c)(7) shall file, no later than 30 days after such disclosure, a report to the Attorney General stating the subparagraph under which the disclosure was made, the date of the disclosure, the entity to which the disclosure was made, the number of customers or subscribers to whom the information disclosed pertained, and the number of communications, if any, that were disclosed. By February 28 of each year, the Attorney General shall publish all such reports received in the previous calendar year".

On page 3, in subsection (7), after "involving", insert "immediate".