[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5018 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5018
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''.
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