[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1973 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1973

 To amend section 2511 of title 18, United States Code, to revise the 
consent exception to the prohibition on the interception of oral, wire, 
                     or electronic communications.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 1998

  Mr. Bumpers (for himself, Mr. Chafee, Mr. Hollings, Mrs. Boxer, Mr. 
Torricelli, and Mr. Wellstone) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend section 2511 of title 18, United States Code, to revise the 
consent exception to the prohibition on the interception of oral, wire, 
                     or electronic communications.

    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 ``Telephone Privacy Act of 1998''.

SEC. 2. REVISION OF CONSENT EXCEPTION TO PROHIBITION ON INTERCEPTION OF 
              ORAL, WIRE, OR ELECTRONIC COMMUNICATIONS.

    Section 2511(2)(d) of title 18, United States Code, shall be 
revised to read as follows:
    ``(d)(i) It shall not be unlawful under this chapter for a person 
not acting under color of law to intercept a wire, oral, or electronic 
communication where all parties to the communication have given prior 
consent to such interception unless such communication is intercepted 
for the purpose of committing any criminal or tortious act in violation 
of the Constitution or laws of the United States or of any State.
    ``(ii) Notwithstanding subparagraph (i), a person may intercept a 
wire, oral, or electronic communication where such person is a party to 
the communication and the communication conveys threats of physical 
harm, harassment or intimidation.''.
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