[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2063 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2063

To amend title 18, United States Code, to provide for the applicability 
to operators of Internet Web sites of restrictions on the disclosure or 
 records and other information relating to the use of such sites, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2000

Mr. Torricelli (for himself and Mr. Feingold) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide for the applicability 
to operators of Internet Web sites of restrictions on the disclosure or 
 records and other information relating to the use of such sites, 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 ``Secure Online Communication 
Enforcement Act of 2000''.

SEC. 2. ENHANCED PRIVACY PROTECTION FOR INFORMATION ON COMPUTER 
              NETWORKS.

    (a) In General.--Section 2703(b) of title 18, United States Code, 
is amended by striking paragraph (1) and inserting the following new 
paragraph (1):
            ``(1) In general.--A governmental entity may require a 
        provider of remote computing service to disclose the contents 
        of any electronic communication to which this paragraph is made 
        applicable by paragraph (2)--
                    ``(A) pursuant to a warrant issued under the 
                Federal Rules of Criminal Procedure or equivalent State 
                warrant, a copy of which warrant shall be served on the 
                subscriber or customer of such remote computing service 
                before or at the same time the warrant is served on the 
                provider of the remote computing service; or
                    ``(B) pursuant to a Federal or State grand jury or 
                trial subpoena, a copy of which subpoena shall be 
                served on the subscriber or customer of such remote 
                computing service under circumstances allowing the 
                subscriber or customer a meaningful opportunity to 
                challenge the subpoena.''.
    (b) Conforming Amendments.--Paragraph (2) of that section is 
amended--
            (1) by indenting the paragraph 2 ems;
            (2) by inserting ``Applicability.--'' after ``(2)''; and
            (3) by indenting subparagraphs (A) and (B) 4 ems.

SEC. 3. ENHANCEMENT OF SECURE ON-LINE COMMUNICATIONS.

    (a) Applicability of Limitations on Disclosure of Communication 
Records.--Paragraph (1) of section 2703(c) of title 18, United States 
Code, is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``, or an operator of an Internet 
                Web site (including an agent of such operator) or other 
                third party,'' after ``remote computing service''; and
                    (B) by inserting ``or Internet Web site'' after 
                ``of such service''; and
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i)--
                            (i) by inserting ``, or an operator of an 
                        Internet Web site (including an agent of such 
                        operator) or other third party,'' after 
                        ``remote computing service''; and
                            (ii) by inserting ``or Internet Web site'' 
                        after ``of such service''; and
                    (B) in clause (iv), by inserting ``or operator'' 
                after ``of such provider''.
    (b) Disclosure of Communication Records to Non-Government 
Entities.--Paragraph (1)(A) of such section is further amended by 
striking ``other than a government entity.'' and inserting ``other than 
a government entity only if the disclosure is--
            ``(i) necessary to initiate, provide, bill, or collect for 
        such service or for access to or use of such Internet Web site;
            ``(ii) necessary to protect the rights or property of the 
        provider of such service or Internet Web site;
            ``(iii) made at the request of the subscriber or customer;
            ``(iv) made with the affirmative consent of the subscriber 
        or customer given at the time the disclosure is sought; or
            ``(v) required by law.''.
    (c) Information Covered by Limitations on Disclosure.--Such section 
is further amended in paragraphs (1)(A) and (1)(B) by inserting before 
the end parenthesis the following: ``, but including information 
generated in the process of accessing or otherwise using the 
Internet''.
    (d) Disclosure of Aggregate Information.--Such section is further 
amended by adding at the end the following new paragraph:
    ``(3) Nothing in this subsection may be construed to prohibit a 
provider of electronic communication service or remote computing 
service, operator of an Internet Web site (including an agent of such 
operator), or third party from using, disclosing, or permitting access 
to aggregate customer or subscriber information from which individual 
customer or subscriber information and characteristics have been 
removed.''.
    (e) Protection of Service.--Such section is further amended by 
adding at the end the following new paragraph:
    ``(4) A provider of electronic communication service or remote 
computing service or operator of an Internet Web site may not terminate 
the provision of such service or access to or use of such Internet Web 
site to an individual who refuses to consent to the disclosure of 
records or other information under paragraph (1)(A)(iv) as a result of 
such refusal.''.
    (f) Federal Preemption.--Such section is further amended by adding 
at the end the following new paragraph:
    ``(5) This subsection preempts any State or local law regarding the 
disclosure by providers of electronic communication service or remote 
computing service and operators of Internet Web sites of records or 
other information covered by this subsection.''.
    (g) Conforming Amendment.--The subsection heading of such section 
is amended by striking ``or Remote Computing Service'' and inserting 
``, Remote Computing Service, or Internet Web Site''.
    (h) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment.
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