[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4956 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4956

    To amend title 18, United States Code, to provide penalties for 
 accessing certain electronic communications in a manner that violates 
               consumer privacy, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

 Mr. Inslee (for himself, Mr. Bartlett of Maryland, Mr. Flake, and Mr. 
  Delahunt) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, to provide penalties for 
 accessing certain electronic communications in a manner that violates 
               consumer privacy, 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 ``E-mail Privacy Act of 2004''.

SEC. 2. INTERCEPTIONS.

    Section 2510(4) of title 18, United States Code, is amended--
            (1) by striking the period at the end; and
            (2) by inserting ``, and, with respect to an electronic 
        communication, includes the acquisition of the contents of the 
        communication through the use of any electronic, mechanical, or 
        other device, at any point between the point of origin and the 
        point when it is made available to the recipient '' after 
        ``device''.

SEC. 3. LIMITATION OF SERVICE PROVIDER EXCEPTION.

    Section 2701(c)(1) of title 18, United States Code, is amended by 
inserting ``to the extent the access is a necessary incident to the 
rendition of the service, the protection of the rights or property of 
the provider of that service, or compliance with section 2702'' after 
``service''.
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