[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2915 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2915

To amend title 18, United States Code, with respect to the interception 
               of communications, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2001

Mr. Smith of Texas 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 the interception 
               of communications, 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 ``Public Safety and Cyber Security 
Enhancement Act of 2001''.

SEC. 2. INTERCEPTION OF COMMUNICATIONS.

    (a) Definitions.--Section 2510(18) of title 18, United States Code, 
is amended--
            (1) by striking the period and inserting a semicolon; and
            (2) by adding at the end the following:
            ``(19) `protected computer' has the meaning set forth in 
        section 1030 of this title; and
            ``(20) `computer trespasser' means a person who is 
        accessing a protected computer without authorization and thus 
        has no reasonable expectation of privacy in any communication 
        transmitted to, through, or from the protected computer.''.
    (b) Exceptions to Prohibitions.--
            (1) Additional exception.--Section 2511(2)(a) of title 18, 
        United States Code, is amended by adding at the end the 
        following:
    ``(iii) It shall not be unlawful under this chapter for a person 
acting under color of law to intercept the wire or electronic 
communications of a computer trespasser, provided that--
            ``(A) the owner or operator of the protected computer 
        expressly authorizes the interception of the computer 
        trespasser's communications on the protected computer;
            ``(B) the person acting under color of law is lawfully 
        engaged in an ongoing investigation;
            ``(C) the person acting under color of law has reasonable 
        grounds to believe that the contents of the computer 
        trespasser's communications will be relevant to the ongoing 
        investigation; and
            ``(D) such interception does not acquire communications 
        other than those transmitted to or from the computer 
        trespasser.''.
            (2) Foreign intelligence exception.--Section 2511(2)(f) of 
        title 18, United States Code, is amended--
                    (A) by striking ``this chapter or chapter 121'' and 
                inserting ``this chapter, chapter 121, or chapter 
                206''; and
                    (B) by striking ``wire and oral'' and inserting 
                ``wire, oral, and electronic''.
            (3) Relation to other law.--Section 2511(2) of title 18, 
        United States Code, is amended by adding at the end the 
        following:
    ``(i) Nothing in section 631 of the Communications Act of 1934 (47 
U.S.C. 551) shall be construed to restrict voluntary or obligatory 
disclosures of information under this chapter, chapter 121, or chapter 
206, except that such disclosures shall not reveal customer cable 
television viewing activity.''.

SEC. 3. PEN REGISTERS AND TRAP AND TRACE DEVICES.

    (a) Prohibition.--Section 3121(c) of title 18, United States Code, 
is amended--
            (1) by inserting ``or trap and trace device'' after ``use a 
        pen register'';
            (2) by inserting ``, routing, addressing,'' after ``to the 
        dialing''; and
            (3) by striking ``utilized in call processing.'' and 
        inserting ``utilized in the processing and transmitting of wire 
        and electronic communications.''.
    (b) Issuance of Order.--
            (1) Section 3123(a) of title 18, United States Code, is 
        amended to read as follows:
    ``(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 that the attorney for the Government 
        has certified to the court 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 
        that the State law enforcement or investigative officer has 
        certified to the court that the information likely to be 
        obtained by such installation and use is relevant to an ongoing 
        criminal investigation.''.
            (2) Section 3123(b)(1) of title 18, United States Code, is 
        amended--
                    (A) in subparagraph (A)--
                            (i) by inserting ``or other facility'' 
                        after ``telephone line''; and
                            (ii) by inserting ``or applied'' before the 
                        semicolon; and
                    (B) in subparagraph (C)--
                            (i) by striking ``the number and,'' and 
                        inserting ``the attributes of the 
                        communications to which the order applies, such 
                        as the number or other identifier and,'';
                            (ii) by striking ``physical'' after ``, if 
                        known,'';
                            (iii) by inserting ``or other facility'' 
                        after ``the telephone line'';
                            (iv) by inserting ``or applied'' after 
                        ``device is to be attached''; and
                            (v) by striking ``and, in the case of a 
                        trap and trace device,'' and inserting ``, and 
                        in the case of a trap and trace device 
                        authorized under paragraph (a)(2) of this 
                        section,''.
            (3) Section 3123(d)(2) of title 18, United States Code, is 
        amended--
                    (A) by inserting ``or other facility'' after ``or 
                leasing the line''; and
                    (B) by striking ``attached, or who has been ordered 
                by the court'' and inserting ``attached or applied, or 
                who is obligated by the order''.
    (c) Emergency Pen Registers and Trap and Trace Devices.--Section 
3125(a) of title 18, United States Code, is amended--
            (1) by inserting ``any United States Attorney, or any 
        acting United States Attorney,'' after ``Deputy Assistant 
        Attorney General,''; and
            (2) in paragraph (1)--
                    (A) in subparagraph (B), by striking the comma and 
                inserting a semicolon; and
                    (B) inserting after subparagraph (B) the following:
                    ``(C) immediate threat to a national security 
                interest; or
                    ``(D) an ongoing attack on a protected computer 
                that constitutes a crime punishable by a term of 
                imprisonment greater than one year,''.
    (d) Definitions.--
            (1) Section 3127(2)(A) of title 18, United States Code, is 
        amended to read as follows:
                    ``(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) Section 3127(3) of title 18, United States Code, is 
        amended to read as follows:
            ``(3) the term `pen register' means a device or process 
        which records or decodes dialing, routing, addressing, and 
        signaling information transmitted by an instrument or facility 
        from which a wire or electronic communication is transmitted, 
        but such term does not include any device or process used by a 
        provider or customer of a wire or electronic communication 
        service for billing, or recording as an incident to billing, 
        for communications services provided by such provider or any 
        device or process used by a provider or customer of a wire 
        communication service for cost accounting or other like 
        purposes in the ordinary course of its business;''.
    (3) Section 3127(4) of title 18, United States Code, is amended--
            (A) by inserting ``or process'' after ``means a device''; 
        and
            (B) by striking ``of an instrument or device'' and all that 
        follows through the semicolon and inserting ``or other dialing, 
        routing, addressing, and signaling information relevant to 
        identifying the source or a wire or electronic 
        communication;''.
    (4) Section 3127 of title 18, United States Code, is amended--
            (A) by striking the period in paragraph (6) and inserting 
        ``; and''; and
            (B) by adding at the end the following:
            ``(7) the term `protected computer' has the meaning set 
        forth in section 1030 of this title.''.
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