[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3083 Introduced in Senate (IS)]






106th CONGRESS
  2d Session
                                S. 3083

   To enhance privacy and the protection of the public in the use of 
          computers and the Internet, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2000

 Mr. Leahy (by request) introduced the following bill; which was read 
        twice and referred to the Committee on the JudiciaryYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
   To enhance privacy and the protection of the public in the use of 
          computers and the Internet, 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 ``Enhancement of Privacy and Public 
Safety in Cyberspace Act''.

 SEC. 2. COMPUTER CRIME.

    (a) Fraud and Related Activity in Connection With Computers.--
            (1) Offenses.--Subsection (a) of section 1030 of title 18, 
        United States Code, is amended--
                    (A) in paragraph (3), by striking ``accesses such a 
                computer'' and inserting ``or in excess of 
                authorization to access any nonpublic computer of a 
                department or agency of the United States, accesses a 
                computer''; and
                    (B) in paragraph (7), by striking ``, firm, 
                association, educational institution, financial 
                institution, government entity, or other legal 
                entity,''.
            (2) Attempted offenses.--Subsection (b) of that section is 
        amended by inserting before the period the following: ``as if 
        such person had committed the completed offense''.
            (3) Punishment.--Subsection (c) of that section is 
        amended--
                    (A) in paragraph (1), by striking ``, or an attempt 
                to commit an offense punishable under this 
                subparagraph'' each place it appears in subparagraphs 
                (A) and (B);
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (A) and 
                        inserting the following new subparagraph (A):
            ``(A) except as provided in subparagraphs (B) and (C) of 
        this subparagraph, a fine under this title or imprisonment for 
        not more than one year, or both, in the case of an offense 
        under subsection (a)(2), (a)(3), (a)(5), or (a)(6) of this 
        section which does not occur after a conviction for another 
        offense under this section;'';
                            (ii) in subparagraph (B), by adding ``and'' 
                        at the end; and
                            (iii) by striking subparagraph (C) and 
                        inserting the following new subparagraph (C):
            ``(C) a fine under this title or imprisonment for not more 
        than ten years, or both, in the case of an offense under 
        subsection (a)(5)(A) or (a)(5)(B) if the offense caused (or, in 
        the case of an attempted offense, would, if completed, have 
        caused)--
                    ``(i) loss to one or more persons during any one 
                year period (including loss resulting from a related 
                course of conduct affecting one or more other protected 
                computers) aggregating at least $5,000;
                    ``(ii) the modification or impairment, or potential 
                modification or impairment, of the medical examination, 
                diagnosis, treatment, or care of one or more 
                individuals;
                    ``(iii) physical injury to any individual;
                    ``(iv) a threat to public health or safety; or
                    ``(v) damage affecting a computer system used by or 
                for a government entity in furtherance of the 
                administration of justice, national defense, or 
                national security;'';
                    (C) in paragraph (3)--
                            (i) by striking ``(3)(A)'' and inserting 
                        ``(3)'';
                            (ii) by striking ``, (a)(5)(A), 
                        (a)(5)(B),'';
                            (iii) by striking ``, or an attempt to 
                        commit an offense punishable under this 
                        subparagraph;''; and
                            (iv) by striking subparagraph (B); and
                    (D) by adding at the end the following new 
                paragraph:
            ``(4) a fine under this title or imprisonment for not more 
        than ten years, or both, in the case of an offense under 
        subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of 
        this section which occurs after a conviction for another 
        offense under this section.''.
            (4) Investigative authority of united states secret 
        service.--Subsection (d) of that section is amended--
                    (A) in the first sentence, by striking 
                ``subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), 
                (a)(5), and (a)(6) of''; and
                    (B) in the second sentence, by striking ``which 
                shall be entered into by'' and inserting ``between''.
            (5) Definitions.--Subsection (e) of that section is 
        amended--
                    (A) in paragraph (2)(B), by inserting before the 
                semicolon the following: ``, including a computer 
                located outside the United States'';
                    (B) in paragraph (7), by striking ``and'' at the 
                end;
                    (C) in paragraph (8), by striking ``or 
                information,'' and all that follows through the end of 
                the paragraph and inserting ``or information;'';
                    (D) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (E) by adding at the end the following new 
                paragraphs:
            ``(10) the term `conviction for another offense under this 
        section' includes--
                    ``(A) an adjudication of juvenile delinquency for a 
                violation of this section; and
                    ``(B) a conviction under State law for a crime 
                punishable by imprisonment for more than one year, an 
                element of which is unauthorized access, or exceeding 
                authorized access, to a computer;
            ``(11) the term `loss' means any reasonable cost to any 
        victim, including responding to the offense, conducting a 
        damage assessment, restoring any data, program, system, or 
        information to its condition before the offense, and any 
        revenue lost or costs incurred because of interruption of 
        service; and
            ``(12) the term `person' includes any individual, firm, 
        association, educational institution, financial institution, 
        corporation, company, partnership, society, government entity, 
        or other legal entity.''.
            (6) Civil actions.--Subsection (g) of that section is 
        amended to read as follows:
    ``(g) Any person who suffers damage or loss by reason of a 
violation of this section may maintain a civil action against the 
violator to obtain compensatory damages and injunctive or other 
equitable relief. An action under this subsection for a violation of 
subsection (a)(5) may be brought only if the conduct involves one or 
more of the factors set forth in subsection (c)(2)(C). No action may be 
brought under this subsection unless such action is begun within 2 
years of the date of the act complained of or the date of the discovery 
of the damage.''.
            (7) Forfeiture.--That section is further amended--
                    (A) by redesignating subsection (h) as subsection 
                (j); and
                    (B) by inserting after subsection (g), as amended 
                by paragraph (6) of this subsection, the following new 
                subsections (h) and (i):
    ``(h)(1) The court, in imposing sentence on any person convicted of 
a violation of this section, shall order, in addition to any other 
sentence imposed and irrespective of any provision of State law, that 
such person forfeit to the United States--
            ``(A) such person's interest in any property, whether real 
        or personal, that was used or intended to be used to commit or 
        to facilitate the commission of such violation; and
            ``(B) any property, whether real or personal, constituting 
        or derived from, any proceeds that such person obtained, 
        whether directly or indirectly, as a result of such violation.
    ``(2) The criminal forfeiture of property under this subsection, 
any seizure and disposition thereof, and any administrative or judicial 
proceeding in relation thereto, shall be governed by the provisions of 
section 413 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 853), except subsection (d) of that section.
    ``(i)(1) The following shall be subject to forfeiture to the United 
States, and no property right shall exist in them:
            ``(A) Any property, whether real or personal, used or 
        intended to be used to commit or to facilitate the commission 
        of any violation of this section.
            ``(B) Any property, whether real or personal, which 
        constitutes or is derived from proceeds traceable to any 
        violation of this section.
    ``(2) The provisions of chapter 46 of this title relating to civil 
forfeiture shall apply to any seizure or civil forfeiture under this 
subsection.''.
    (b) Amendments to Sentencing Guidelines.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the sentencing guidelines to ensure 
any individual convicted of a violation of paragraph (4) or a felony 
violation of paragraph (5)(A), but not a felony violation of paragraph 
(5)(B) or (5)(C), of section 1030(a) of title 18, United States Code, 
is imprisoned for not less than 6 months.
    (c) Communications Matters.--
            (1) In general.--Section 223(a)(1) of the Communications 
        Act of 1934 (47 U.S.C. 223(a)(1)) is amended--
                    (A) in subparagraphs (C) and (E), by inserting ``or 
                interactive computer service'' after 
                ``telecommunications device'';
                    (B) in subparagraph (D), by striking ``or'' at the 
                end; and
                    (C) by adding after subparagraph (E) the following 
                new subparagraph:
                    ``(F) with the intent to cause the unavailability 
                of a telecommunications device or interactive computer 
                service, or to cause damage to a protected computer (as 
                those terms are defined in section 1030 of title 18, 
                United States Code), causes or attempts to cause one or 
                more other persons to initiate communication with such 
                telecommunications device, interactive computer 
                service, or protected computer; or''.
            (2) Conforming amendment.--The section heading of that 
        section is amended by striking ``TELEPHONE CALLS'' and 
        inserting ``COMMUNICATIONS''.

SEC. 3. INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.

    (a) Definitions.--Section 2510 of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``electronic storage'' 
        and inserting ``interim storage'';
            (2) in paragraph (10), by striking ``section 153(h) of 
        title 47 of the United States Code'' and inserting ``section 
        3(10) of the Communications Act of 1934 (47 U.S.C. 153(10))'';
            (3) in paragraph (14)--
                    (A) by striking ``of electronic'' and inserting 
                ``of wire or electronic''; and
                    (B) by striking ``electronic storage'' and 
                inserting ``interim storage''; and
            (4) in paragraph (17)--
                    (A) by striking ```electronic storage''' and 
                inserting ```interim storage'''; and
                    (B) in subparagraph (A), by inserting ``by an 
                electronic communication service'' after ``intermediate 
                storage''.
    (b) Prohibition on Interception and Disclosure of Communications.--
Section 2511 of that title is amended--
            (1) in subsection (2)--
                    (A) in paragraph (a)(i), by striking ``on officer'' 
                and inserting ``an officer'';
                    (B) in paragraph (f)--
                            (i) by inserting ``or 206'' after ``chapter 
                        121''; and
                            (ii) by striking ``wire and oral'' and 
                        inserting ``wire, oral, and electronic''; and
                    (C) in paragraph (g), by striking clause (i) and 
                inserting the following new clause (i):
            ``(i) to intercept or access a wire or electronic 
        communication (other than a radio communication) made through 
        an electronic communications system that is configured so that 
        such communication is readily accessible to the general 
        public;''; and
            (2) in subsection (4)--
                    (A) in paragraph (a), by striking ``in paragraph 
                (b) of this subsection or'';
                    (B) by striking paragraph (b); and
                    (C) by redesignating paragraph (c) as paragraph 
                (b).
    (c) Prohibition on Use of Evidence of Intercepted Communications.--
Section 2515 of that title is amended--
            (1) by striking ``Whenever any wire or oral communication'' 
        and inserting ``(a) Except as provided in subsection (b), 
        whenever any wire, oral, or electronic communication''; and
            (2) by adding at the end the following new subsection:
    ``(b) Subsection (a) shall not apply to the disclosure, before a 
grand jury or in a criminal trial, hearing, or other criminal 
proceeding, of the contents of a communication, or evidence derived 
therefrom, against a person alleged to have intercepted, used, or 
disclosed the communication in violation of this chapter, or 
participated in such violation.''.
    (d) Authorization for Interception of Communications.--Section 2516 
of that title is amended--
            (1) in subsection (1)--
                    (A) by striking ``wire or oral'' in the matter 
                preceding paragraph (a) and inserting ``wire, oral, or 
                electronic'';
                    (B) in paragraph (b), by inserting ``threat,'' 
                after ``robbery,'';
                    (C) by striking the first paragraph (p) and 
                inserting the following new paragraph (p):
            ``(p) a felony violation of section 1030 of this title 
        (relating to computer fraud and abuse), a felony violation of 
        section 223 of the Communications Act of 1934 (47 U.S.C. 223) 
        (relating to abusive communications in interstate or foreign 
        commerce), or a violation of section 1362 of this title 
        (relating to destruction of government communications 
        facilities); or''; and
                    (D) by redesignating the second paragraph (p) as 
                paragraph (q); and
            (2) in subsection (3), by striking ``electronic 
        communications'' and inserting ``one-way pager 
        communications''.
    (e) Authorization for Disclosure or Use of Intercepted 
Communications.--Section 2517 of that title is amended in subsections 
(1) and (2) by inserting ``or under the circumstances described in 
section 2515(b) of this title'' after ``by any means authorized by this 
chapter''.
    (f) Procedure for Interception.--Section 2518 of that title is 
amended--
            (1) in subsection (7), by striking ``subsection (d)'' and 
        inserting ``subsection (8)(d)''; and
            (2) in subsection (10)--
                    (A) in paragraph (a)--
                            (i) in the matter preceding subparagraph 
                        (i), by striking ``wire or oral'' and inserting 
                        ``wire, oral, or electronic''; and
                            (ii) in the flush matter following 
                        subparagraph (iii)--
                                    (I) by striking ``intercepted wire 
                                or oral communication'' and inserting 
                                ``intercepted communication''; and
                                    (II) by adding at the end the 
                                following new sentence: ``No 
                                suppression may be ordered under this 
                                paragraph under the circumstances 
                                described in section 2515(b) of this 
                                title.''; and
                    (B) by striking paragraph (c).
    (g) Civil Damages.--Section 2520(c)(2) of that title is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) by striking ``court may'' and inserting ``court 
                shall''; and
                    (B) by striking ``greater'' and inserting 
                ``greatest'';
            (2) in subparagraph (A), by striking ``or'' at the end;
            (3) in subparagraph (B), by striking ``whichever is the 
        greater of $100 a day for each day of violation or $10,000.'' 
        and inserting ``$500 a day for each day of violation; or''; and
            (4) by adding at the end the following new subparagraph:
            ``(C) statutory damages of $10,000.''.
    (h) Conforming and Clerical Amendments.--
            (1) Conforming amendment.--The section heading of section 
        2515 of that title is amended to read as follows:
``Sec. 2515. Prohibition on use as evidence of intercepted wire, oral, 
              or electronic communications''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 119 of that title is amended by striking 
        the item relating to section 2515 and inserting the following 
        new item:

``2515. Prohibition on use as evidence of intercepted wire, oral, or 
                            electronic communications.''.

SEC. 4. ELECTRONIC COMMUNICATIONS PRIVACY.

    (a) Unlawful Access to Stored Communications.--Section 2701 of 
title 18, United States Code, is amended--
            (1) in subsection (a) by striking ``electronic storage'' 
        and inserting ``interim storage'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``purposes of'' in the 
                        matter preceding subparagraph (A) and inserting 
                        ``a tortious or illegal purpose,'';
                            (ii) in subparagraph (A) by striking ``one 
                        year'' and inserting ``five years''; and
                            (iii) in subparagraph (B) by striking ``two 
                        years'' and inserting ``ten years''; and
                    (B) by striking paragraph (2) and inserting the 
                following new paragraph (2):
            ``(2) in any other case--
                    ``(A) a fine under this title or imprisonment for 
                not more than one year, or both, in the case of a first 
                offense under this subparagraph; and
                    ``(B) a fine under this title or imprisonment for 
                not more than five years, or both, for any subsequent 
                offense under this subparagraph.''.
    (b) Disclosure of Contents.--Section 2702 of that title is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``person or entity 
                        providing an'' and inserting ``provider of'';
                            (ii) by striking ``electronic storage'' and 
                        inserting ``interim storage''; and
                            (iii) by striking ``and'' at the end;
                    (B) in paragraph (2)--
                            (i) by striking ``person or entity 
                        providing'' and inserting ``provider of''; and
                            (ii) striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) a provider of remote computing service or electronic 
        communication service to the public shall not knowingly divulge 
        a record or other information pertaining to a subscriber to or 
        customer of such service (not including the contents of 
        communications covered by paragraph (1) or (2) of this 
        subsection) to any governmental entity.'';
            (2) in subsection (b)--
                    (A) in the subsection caption, by inserting ``for 
                Disclosure of Communications'' after ``Exceptions'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``person or entity'' and inserting ``provider 
                described in subsection (a)'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (A)(ii), by striking 
                        ``or'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(C) if the provider reasonably believes that an 
                emergency involving immediate danger of death or 
                serious physical injury to any person justifies 
                disclosure of the information.''; and
            (3) by adding at the end the following new subsection:
    ``(c) Exceptions for Disclosure of Customer Records.--A provider 
described in subsection (a) may divulge a record or other information 
pertaining to a subscriber to or customer of such service (not 
including the contents of communications covered by paragraph (1) or 
(2) of subsection (a))--
            ``(1) as otherwise authorized in section 2703 of this 
        title;
            ``(2) with the lawful consent of the customer or 
        subscriber;
            ``(3) as may be necessarily incident to the rendition of 
        the service or to the protection of the rights or property of 
        the provider of that service;
            ``(4) to a governmental entity, if the provider reasonably 
        believes that an emergency involving immediate danger of death 
        or serious physical injury to any person justifies disclosure 
        of the information; or
            ``(5) to any person other than a governmental entity if not 
        otherwise prohibited by law.''.
    (c) Requirements for Governmental Access.--Section 2703 of that 
title is amended--
            (1) in subsection (a), by striking ``electronic storage'' 
        each place it appears and inserting ``interim storage'';
            (2) in subsection (b)(1)(B), by striking clause (i) and 
        inserting the following new clause (i):
                    ``(i) uses a Federal or State grand jury or trial 
                subpoena, or a subpoena or equivalent process 
                authorized by a Federal or State statute; or'';
            (3) in subsection (c)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by redesignating subparagraph (C) of paragraph 
                (1) as paragraph (2);
                    (C) in paragraph (2), as so redesignated--
                            (i) by striking ``an administrative 
                        subpoena authorized by a Federal or State 
                        statute or a Federal or State grand jury or 
                        trial subpoena'' and inserting ``a Federal or 
                        State grand jury or trial subpoena, or a 
                        subpoena or equivalent process authorized by a 
                        Federal or State statute,''; and
                            (ii) by striking ``subparagraph (B).'' and 
                        inserting ``paragraph (1).''; and
                    (D) in paragraph (1)--
                            (i) by striking ``(A) Except as provided in 
                        subparagraph (B),'' and inserting ``A 
                        governmental entity may require'';
                            (ii) by striking ``may disclose'' and 
                        inserting ``to disclose'';
                            (iii) by striking ``to any person other 
                        than a governmental entity.'';
                            (iv) by striking ``(B) A provider of'' 
                        through ``to a governmental entity'';
                            (v) by redesignating clauses (i) through 
                        (iv) as subparagraphs (A) through (D);
                            (vi) by striking ``or'' at the end of 
                        subparagraph (C), as so redesignated;
                            (vii) by striking the period at the end of 
                        subparagraph (D), as so redesignated, and 
                        inserting ``; or''; and
                            (viii) by adding after subparagraph (D), as 
                        so redesignated, the following new 
                        subparagraph:
                    ``(E) seeks information pursuant to paragraph 
                (2).''; and
            (4) in subsection (d)--
                    (A) by striking ``subsection (c)'' and inserting 
                ``subsection (c)(1)''; and
                    (B) by striking ``section 3127(2)(A)'' and 
                inserting ``section 3127(2)''.
    (d) Delayed Notice.--Section 2705(a) of that title is amended--
            (1) in paragraph (1)(B), by striking ``an administrative 
        subpoena authorized by a Federal or State statute or a Federal 
        or State grand jury subpoena'' and inserting ``a Federal or 
        State grand jury or trial subpoena, or a subpoena or equivalent 
        process authorized by a Federal or State statute,''; and
            (2) in paragraph (4), by striking ``by the court'' and all 
        that follows through the end of the paragraph and inserting ``, 
        upon application, if the court determines that there is reason 
        to believe that notification of the existence of the court 
        order or subpoena may have an adverse result described in 
        paragraph (2) of this subsection.''.
    (e) Civil Action.--Section 2707(e)(1) of that title is amended by 
inserting ``a request of a governmental entity under section 2703(f) of 
this title,'' after ``subpoena,''.
    (f) Conforming and Clerical Amendments.--
            (1) Conforming amendments.--(A) The section heading of 
        section 2702 of that title is amended to read as follows:
``Sec. 2702. Voluntary disclosure of customer communications or 
              records''.
            (B) The section heading of section 2703 of that title is 
        amended to read as follows:
``Sec. 2703. Required disclosure of customer communications or 
              records''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 121 of that title is amended by striking 
        the items relating to sections 2702 and 2703 and inserting the 
        following new items:

``2702. Voluntary disclosure of customer communications or records.
``2703. Required disclosure of customer communications or records.''.

SEC. 5. PEN REGISTERS AND TRAP AND TRACE DEVICES.

    (a) General Prohibition on Use.--Section 3121(c) of title 18, 
United States Code, is amended--
            (1) by inserting ``or trap and trace device'' after ``pen 
        register'';
            (2) by inserting ``, routing, addressing,'' after 
        ``dialing''; and
            (3) by striking ``call processing'' and inserting ``the 
        processing and transmitting of wire and electronic 
        communications''.
    (b) Application for Order.--Section 3122(b)(2) of that title is 
amended by striking ``certification by the applicant'' and inserting 
``statement of facts showing''.
    (c) Issuance of Order.--Section 3123 of that title is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):
    ``(a) In General.--(1) Upon an application made under section 
3122(a)(1) of this title, the court shall enter an ex parte order 
authorizing the installation and use of a pen register or a trap and 
trace device if the court finds, based on facts contained in the 
application, that the information likely to be obtained by such 
installation and use is relevant to an ongoing criminal investigation. 
Such order shall, upon service of such order, apply to any entity 
providing wire or electronic communication service in the United States 
whose assistance may facilitate the execution of the order.
    ``(2) Upon an application made under section 3122(a)(2) of this 
title, the court shall enter an ex parte order authorizing the 
installation and use of a pen register or a trap and trace device 
within the jurisdiction of the court if the court finds, based on facts 
contained in the application, that the information likely to be 
obtained by such installation and use is relevant to an ongoing 
criminal investigation.'';
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``or other facility'' 
                        after ``line''; and
                            (ii) by inserting ``or applied'' after 
                        ``attached''; and
                    (B) in subparagraph (C)--
                            (i) by striking ``the number'' and 
                        inserting ``the attributes of the 
                        communications to which the order applies, such 
                        as the number or other identifier,'';
                            (ii) by striking ``physical'';
                            (iii) by inserting ``or other facility'' 
                        after ``line'';
                            (iv) by inserting ``or applied'' after 
                        ``attached''; and
                            (v) by inserting ``authorized under 
                        subsection (a)(2) of this section'' after 
                        ``device'' the second place it appears; and
            (4) in subsection (d)(2)--
                    (A) by inserting ``or other facility'' after 
                ``line'';
                    (B) by inserting ``or applied'' after ``attached''; 
                and
                    (C) by striking ``has been ordered by the court'' 
                and inserting ``is obligated by the order''.
    (d) Emergency Installation.--Section 3125(a)(1) of that title is 
amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the comma at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following new subparagraphs:
                    ``(C) an immediate threat to a national security 
                interest; or
                    ``(D) an ongoing attack on the integrity or 
                availability of a protected computer punishable 
                pursuant to section 1030(c)(2)(C) of this title,''.
    (e) Definitions.--Section 3127 of that title is amended--
            (1) in paragraph (2), by striking subparagraph (A) and 
        inserting the following new subparagraph (A):
                    ``(A) any district court of the United States 
                (including a magistrate judge of such a court) or 
                United States Court of Appeals having jurisdiction over 
                the offense being investigated; or'';
            (2) in paragraph (3)--
                    (A) by striking ``electronic or other impulses 
                which identify the numbers dialed or otherwise 
                transmitted on the telephone line to which such device 
                is attached'' and inserting ``dialing, routing, 
                addressing, and signaling information transmitted by an 
                instrument or facility from which a wire or electronic 
                communication is transmitted''; and
                    (B) by inserting ``or process'' after ``device'' 
                each place it appears;
            (3) in paragraph (4)--
                    (A) by inserting ``or process'' after ``a device''; 
                and
                    (B) by striking ``of an instrument or device from 
                which a wire or electronic communication was 
                transmitted'' and inserting ``or other dialing, 
                routing, addressing, and signaling information relevant 
                to identifying the source of a wire or electronic 
                communication'';
            (4) in paragraph (5), by striking ``and'' at the end;
            (5) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (6) by adding at the end the following new paragraph:
            ``(7) the term `protected computer' has the meaning given 
        that term in section 1030(e) of this title.''.

SEC. 6. JUVENILE MATTERS.

    Section 5032 of title 18, United States Code, is amended in the 
first undesignated paragraph by inserting after ``section 924(b), (g), 
or (h) of this title,'' the following: ``or is a violation of section 
1030(a)(1), section 1030(a)(2)(B), section 1030(a)(3), or a felony 
violation of section 1030(a)(5) where such felony violation of section 
1030(a)(5) is eligible for punishment under section 1030(c)(2)(C)(ii) 
through (v) of this title,''.

SEC. 7. PROTECTION OF CABLE SERVICE SUBSCRIBER PRIVACY.

    Section 631 of the Communications Act of 1934 (47 U.S.C. 551) is 
amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) required under chapter 119, 121, or 206 of 
                title 18, United States Code, except that disclosure 
                under this subparagraph shall not include records 
                revealing customer cable television viewing 
                activity.''; and
            (2) in subsection (h), by striking ``A governmental 
        entity'' and inserting ``Except as provided in subsection 
        (c)(2)(D), a governmental entity''.
                                 <all>