[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4987 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4987

   To amend title 18, United States Code, with respect to electronic 
                 eavesdropping, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

   Mr. Barr of Georgia (for himself and Mrs. Emerson) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, with respect to 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 ``Digital Privacy Act of 2000''.

SEC. 2. REPORTING REQUIREMENTS.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Reports Concerning Court-Ordered Disclosure.--Not later than 
30 days after the expiration of (or each extension thereof) an order 
under subsection (d) by a Federal court, or the denial of such an 
order, the issuing or denying judge shall report to the Administrative 
Office of the United States Courts that information about the order of 
disclosure that would be required to be reported under section 2519 
with respect to an order relating to an interception under chapter 
119.''.
    ``(h) Reports Concerning Other Disclosure.--In April of each year, 
the Attorney General shall transmit to Congress a report on--
            ``(1) the number and kind of warrants and subpoenas applied 
        for by law enforcement agencies of the Department of Justice 
        under this section during the preceding year;
            ``(2) the number of such applications granted or denied;
            ``(3) with respect to each warrant or subpoena issued under 
        this section--
                    ``(A) the number and type of communications 
                disclosed;
                    ``(B) the approximate number and frequency of 
                incriminating communications disclosed;
                    ``(C) the offense specified in the application; and
                    ``(D) the approximate number of persons whose 
                communications were disclosed; and
            ``(4) the number of arrests resulting from such warrants 
        and subpoenas, the offenses for which those arrests were made, 
        the number of trials resulting from such warrants and 
        subpoenas, the number of motions to suppress made with respect 
        to such warrants and subpoenas, the number of such motions 
        granted or denied, the number of convictions resulting from 
        such warrants and subpoenas, and the offenses for which the 
        convictions were obtained and a general assessment of the 
        importance of the warrants and subpoenas.''.

SEC. 3. EXTENSION OF EXCLUSIONARY RULE.

    Section 2515 of title 18, United States Code, is amended by 
inserting ``or electronic communication'' after ``wire or oral 
communication''.

SEC. 4. ISSUANCE OF PEN REGISTER AND TRAP AND TRACE DEVICE ORDERS.

    Subsection (a) of section 3123 of title 18, United States Code, is 
amended by striking ``the attorney for the Government'' and all that 
follows through the end of the subsection and inserting ``factual 
evidence reasonably indicates 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.''.

SEC. 5. GOVERNMENT ACCESS TO CONTENTS OF STORED ELECTRONIC 
              COMMUNICATIONS.

    Section 2703(a) of title 18, United States Code, is amended by 
striking ``one hundred and eighty days'' each place it appears and 
inserting ``one year''.

SEC. 6. GOVERNMENT ACCESS TO LOCATION INFORMATION.

    (a) Court Order Required.--Section 2703 of title 18, United States 
Code, as amended by section 2, is further amended by adding at the end 
the following:
    ``(i) Disclosure of Location Information to Governmental 
Entities.--
            ``(1) Disclosure upon court order.--A provider of mobile 
        electronic information generated by and disclosing the current 
        physical location of a subscriber's equipment only if the 
        governmental entity obtains a court order issued upon a finding 
        that there is probable cause to believe that the equipment has 
        been used, is being used, or is about to be used to commit a 
        felony offense.
            ``(2) Disclosure upon subscriber or user consent.--A 
        provider of mobile electronic communication service may provide 
        to a governmental entity information described in paragraph (1) 
        with the consent of the subscriber or the user of the equipment 
        concerned.''.
    (b) Conforming Amendment.--Subsection (c)(1)(B) of section 2703 of 
title 18, United States Code, is amended by striking ``(b) of this 
section'' and inserting ``(b), or wireless location information covered 
by subsection (g)''.
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