1.
This Act may be cited as the
Electronic Communications Privacy
Judicial Review and Improvement Act of 2005
.
2.
(a)
Section 2709(a) of title 18, United States Code, is
amended—
(1)
by striking A wire or electronic communication service
provider
and inserting the following:
(1)
A wire or electronic communication service provider
; and
(2)
by adding at the end the following:
(2)
A wire or electronic communication service provider who
receives a request under subsection (b) may, at any time, seek a court order
from an appropriate United States district court to modify or set aside the
request. Any such motion shall state the grounds for challenging the request
with particularity. The court may modify or set aside the request if compliance
would be unreasonable or oppressive.
.
(b)
Section 2709(c) of title 18, United States Code, is
amended—
(1)
by striking No wire or electronic communication service
provider
and inserting the following:
(1)
No wire or electronic communication service provider
; and
(2)
by adding at the end the following:
(2)
A wire or electronic communication service provider who
receives a request under subsection (b) may, at any time, seek a court order
from an appropriate United States district court challenging the nondisclosure
requirement under paragraph (1). Any such motion shall state the grounds for
challenging the nondisclosure requirement with particularity.
(3)
The court may modify or set aside such a nondisclosure
requirement if there is no reason to believe that disclosure may endanger the
national security of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life or physical safety of any person. In
reviewing a nondisclosure requirement, the certification by the Government that
the disclosure may endanger the national security of the United States or
interfere with diplomatic relations shall be treated as conclusive unless the
court finds that the certification was made in bad faith.
.
3.
Enforcement of national security letters
Section 2709(a) of title 18,
United States Code, as amended by section 2(a), is further amended by adding at
the end the following:
(3)
The Attorney General may seek enforcement of a request under
subsection (b) in an appropriate United States district court if a recipient
refuses to comply with the request.
.
4.
Disclosure of information
(a)
Section 2709 of title 18,
United States Code, as amended by sections 2 and 3, is further amended—
(1)
in subsection (a), by adding
at the end the following:
(4)
The disclosure of
information in any proceedings under this subsection may be limited consistent
with the requirements of the Classified Information Procedures Act (18 U.S.C.
App).
;
and
(2)
in subsection (c), by adding at the end the following:
(4)
The disclosure of
information in any proceedings under this subsection may be limited consistent
with the requirements of the Classified Information Procedures Act (18 U.S.C.
App).
.
(b)
Disclosure to necessary persons
Section 2709(c)(1) of title 18, United States Code, as amended by
section 2(b)(1), is further amended—
(1)
by inserting after any person
the following:
, except for disclosure to an attorney to obtain legal advice regarding
the request or to persons to whom disclosure is necessary in order to comply
with the request,
; and
(2)
by adding at the end the following: Any attorney or person
whose assistance is necessary to comply with the request who is notified of the
request also shall not disclose to any person that the Federal Bureau of
Investigation has sought or obtained access to information or records under
this section.
.