[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2369 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2369

   To amend the Communications Act of 1934 to strengthen and clarify 
   prohibitions on electronic eavesdropping, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 1997

Mr. Tauzin (for himself, Mr. Markey, Mr. Oxley, Mr. Gillmor, Ms. Eshoo, 
and Ms. McCarthy of Missouri) introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Act of 1934 to strengthen and clarify 
   prohibitions on electronic eavesdropping, 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 ``Wireless Privacy Enhancement Act of 
1997''.

SEC. 2. COMMERCE IN ELECTRONIC EAVESDROPPING DEVICES.

    (a) Prohibition on Modification.--Section 302(b) of the 
Communications Act of 1934 (47 U.S.C. 302(b)) is amended by inserting 
before the period at the end thereof the following: ``, or to modify 
any such device, equipment, or system in any manner that causes such 
device, equipment, or system to fail to comply with such regulations''.
    (b) Prohibition on Commerce in Scanning Receivers.--Section 302(d) 
of such Act (47 U.S.C. 302(d)) is amended to read as follows:
    ``(d) The Commission shall prescribe regulations denying equipment 
authorization (under part 15 of title 47, Code of Federal Regulations, 
or any other part of that title) for any scanning receiver that is 
capable of--
            ``(1) receiving transmissions in the frequencies allocated 
        to any commercial mobile service (as defined in section 332(d),
            ``(2) readily being altered to receive transmissions in 
        such frequencies,
            ``(3) being equipped with decoders that convert digital 
        commercial mobile service transmissions to analog voice audio, 
        or
            ``(4) being equipped with devices that otherwise decode 
        encrypted radio transmissions for the purposes of unauthorized 
        interception.''.
    (c) Implementing Regulations.--Within 90 days after the date of 
enactment of this Act, the Federal Communications Commission shall 
prescribe amendments to its regulations for the purposes of 
implementing the amendments made by this section. In prescribing such 
amendments, and in response to subsequent changes in technology or 
behavior, the Commission shall review and revise its definition of the 
term ``capable of readily being altered'' as necessary to prevent 
commerce in devices that may be used unlawfully to intercept or divulge 
radio communication.

SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF COMMUNICATIONS.

    (a) Amendments.--Section 705 of the Communications Act of 1934 (47 
U.S.C. 605) is amended--
            (1) in the heading of such section, by inserting 
        ``interception or'' after ``unauthorized'';
            (2) in the second sentence of subsection (a), by striking 
        ``and divulge'' and inserting ``or divulge'';
            (3) in subsection (e)(1)--
                    (A) by striking ``fined not more than $2,000 or''; 
                and
                    (B) by inserting ``or fined under title 18, United 
                States Code,'' after ``6 months,''; and
            (4) in subsection (e)(3), by striking ``any violation'' and 
        inserting ``any receipt, interception, divulgence, publication, 
        or utilization of any communication in violation''; and
            (5) in subsection (e)(4), by striking ``any other activity 
        prohibited by subsection (a)'' and inserting ``any receipt, 
        interception, divulgence, publication, or utilization of any 
        communication in violation of subsection (a)''.
    (b) Responsibility for Enforcement.--Notwithstanding any other 
investigative or enforcement activities of any other Federal agency, 
the Federal Communications Commission shall investigate alleged 
violations of section 705 of the Communications Act of 1934 (47 U.S.C. 
605) and may proceed to initiate action under section 503 of such Act 
(47 U.S.C. 503) to impose forfeiture penalties with respect to such 
violation upon conclusion of the Commission's investigation.
                                 <all>