[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2326 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2326

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2000

 Mr. Wyden (for himself and Mr. Burns) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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 Eavesdropping Protection 
Act of 2000''.

SEC. 2. COMMERCE IN ELECTRONIC EAVESDROPPING DEVICES.

    (a) Prohibition on Modification.--Section 302(b) of the 
Communications Act of 1934 (47 U.S.C. 302a(b)) is amended by inserting 
before the period at the end thereof the following: ``, or 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. 302a(d)) is amended to read as follows:
    ``(d) Equipment Authorization Regulations.--
            ``(1) Privacy protections required.--The Commission shall 
        prescribe regulations, and review and revise such regulations 
        as necessary in response to subsequent changes in technology or 
        behavior, 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--
                    ``(A) receiving transmissions in the frequencies 
                that are allocated to the domestic cellular radio 
                telecommunications service or the personal 
                communications service;
                    ``(B) readily being altered to receive 
                transmissions in such frequencies;
                    ``(C) being equipped with decoders that--
                            ``(i) convert digital domestic cellular 
                        radio telecommunications service, personal 
                        communications service, or protected 
                        specialized mobile radio service transmissions 
                        to analog voice audio; or
                            ``(ii) convert protected paging service 
                        transmissions to alphanumeric text; or
                    ``(D) being equipped with devices that otherwise 
                decode encrypted radio transmissions for the purposes 
                of unauthorized interception.
            ``(2) Privacy protections for shared frequencies.--The 
        Commission shall, with respect to scanning receivers capable of 
        receiving transmissions in frequencies that are used by 
        commercial mobile services and that are shared by public safety 
        users, examine methods, and may prescribe such regulations as 
        may be necessary, to enhance the privacy of users of such 
        frequencies.
            ``(3) Tampering prevention.--In prescribing regulations 
        pursuant to paragraph (1), the Commission shall consider 
        defining `capable of readily being altered' to require scanning 
        receivers to be manufactured in a manner that effectively 
        precludes alteration of equipment features and functions as 
        necessary to prevent commerce in devices that may be used 
        unlawfully to intercept or divulge radio communication.
            ``(4) Warning labels.--In prescribing regulations under 
        paragraph (1), the Commission shall consider requiring labels 
        on scanning receivers warning of the prohibitions in Federal 
        law on intentionally intercepting or divulging radio 
        communications.
            ``(5) Definition.--As used in this subsection, the term 
        `protected' means secured by an electronic method that is not 
        published or disclosed except to authorized users, as further 
        defined by Commission regulation.''.
    (c) Implementing Regulations.--Not later than 90 days after the 
date of the 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.

SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF COMMUNICATIONS.

    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 first sentence of subsection (a), by striking 
        ``Except as authorized by chapter 119, title 18, United States 
        Code, no person'' and inserting ``No person'';
            (3) in the second sentence of subsection (a)--
                    (A) by inserting ``intentionally'' before 
                ``intercept''; and
                    (B) by striking ``communication and divulge'' and 
                inserting ``communication, and no person having 
                intercepted such a communication shall intentionally 
                divulge'';
            (4) in the fourth sentence of subsection (a)--
                    (A) by inserting ``(A)'' after ``intercepted, 
                shall''; and
                    (B) by striking ``thereof) or'' and inserting 
                ``thereof); or (B)'';
            (5) by striking the last sentence of subsection (a) and 
        inserting the following: ``Nothing in this subsection prohibits 
        an interception or disclosure of a communication as authorized 
        by chapter 119 of title 18, United States Code.''; and
            (6) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``fined not more than 
                        $2,000 or''; and
                            (ii) by inserting ``or fined under title 
                        18, United States Code,'' after ``6 months,'';
                    (B) in paragraph (3), by striking ``any violation'' 
                and inserting ``any receipt, interception, divulgence, 
                publication, or utilization of any communication in 
                violation'';
                    (C) in paragraph (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)''; and
                    (D) by adding at the end the following new 
                paragraph:
    ``(7) Notwithstanding any other investigative or enforcement 
activities of any other Federal agency, the Commission shall 
investigate alleged violations of this section and may proceed to 
initiate action under section 503 to impose forfeiture penalties with 
respect to such violation upon conclusion of the Commission's 
investigation.''.
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