[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3214 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3214

  To prohibit any person from engaging in certain video surveillance 
except under the same conditions authorized under chapter 119 of title 
 18, United States Code, or as authorized by the Foreign Intelligence 
                       Surveillance Act of 1978.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2010

Mr. Specter (for himself, Mr. Feingold, and Mr. Kaufman) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To prohibit any person from engaging in certain video surveillance 
except under the same conditions authorized under chapter 119 of title 
 18, United States Code, or as authorized by the Foreign Intelligence 
                       Surveillance Act of 1978.

    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 ``Surreptitious Video Surveillance Act 
of 2010''.

SEC. 2. PROHIBITION ON USE OF VIDEO SURVEILLANCE.

    (a) In General.--Chapter 119 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2523. Prohibition on use of video surveillance
    ``(a) Definition.--In this section, the term `video surveillance' 
means the intentional acquisition, capture, or recording of a visual 
image or images of any individual if--
            ``(1) the individual is in an area of a temporary or 
        permanent residence that is not readily observable from a 
        public location;
            ``(2) the individual has a reasonable expectation of 
        privacy in the area; and
            ``(3) the visual image or images--
                    ``(A) are made without the consent of--
                            ``(i) an individual present in the area; or
                            ``(ii) a resident of the temporary or 
                        permanent residence; and
                    ``(B) are--
                            ``(i) produced using a device, apparatus, 
                        or other item that was mailed, shipped, or 
                        transported in or affecting interstate or 
                        foreign commerce by any means; or
                            ``(ii) transported or transmitted, in or 
                        affecting, or using any means or facility of, 
                        interstate or foreign commerce, including by 
                        computer.
    ``(b) Prohibition on Video Surveillance.--It shall be unlawful for 
any person to engage in any video surveillance, except--
            ``(1) as provided in this section; or
            ``(2) as authorized under the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
    ``(c) Treatment as Electronic Surveillance.--
            ``(1) In general.--Subject to paragraph (2)--
                    ``(A) video surveillance shall be considered to be 
                an interception of an electronic communication for the 
                purposes of this chapter; and
                    ``(B) it shall not be unlawful for a person to 
                engage in video surveillance if the video surveillance 
                is conducted in a manner or is of a type authorized 
                under this chapter for the interception of an 
                electronic communication.
            ``(2) Exception.--Sections 2511(2)(c), 2511(2)(d), 2512, 
        2513, and 2518(10)(c) shall not apply to video surveillance.
            ``(3) Prohibition of use as evidence of video 
        surveillance.--
                    ``(A) In general.--No part of the contents of video 
                surveillance and no evidence derived from video 
                surveillance may be received in evidence in any trial, 
                hearing, or other proceeding in or before any court, 
                grand jury, department, officer, agency, regulatory 
                body, legislative committee, or other authority of the 
                United States, a State, or political subdivision 
                thereof if the disclosure of the video surveillance 
                would be in violation of this chapter.
                    ``(B) Motion to suppress.--
                            ``(i) In general.--Any aggrieved person in 
                        any trial, hearing, or proceeding described in 
                        subparagraph (A) may move to suppress the 
                        contents of any video surveillance conducted 
                        under this chapter, or any evidence derived 
                        from the video surveillance, on the grounds 
                        that--
                                    ``(I) the video surveillance was 
                                unlawfully conducted;
                                    ``(II) the order of authorization 
                                or approval under which the video 
                                surveillance was conducted was 
                                insufficient on its face; or
                                    ``(III) the video surveillance was 
                                not conducted in conformity with the 
                                order of authorization or approval.
                            ``(ii) Timing of motion.--A motion made 
                        under clause (i) shall be made before the 
                        trial, hearing, or proceeding unless--
                                    ``(I) there was no opportunity to 
                                make such motion; or
                                    ``(II) the aggrieved person 
                                described in clause (i) was not aware 
                                of the grounds of the motion.
                            ``(iii) Remedy.--If the motion made under 
                        clause (i) is granted, the contents of the 
                        video surveillance, or evidence derived from 
                        the video surveillance, shall be treated as 
                        having been obtained in violation of this 
                        chapter.
                            ``(iv) Inspection of evidence.--The judge, 
                        upon filing of a motion under clause (i), may, 
                        in the discretion of the judge, make available 
                        to the aggrieved person or counsel for the 
                        aggrieved person for inspection such portions 
                        of the video surveillance or evidence derived 
                        from the video surveillance as the judge 
                        determines to be in the interests of justice.
                            ``(v) Right to appeal.--
                                    ``(I) In general.--In addition to 
                                any other right to appeal, the United 
                                States shall have the right to appeal 
                                from an order granting a motion made 
                                under clause (i), or the denial of an 
                                application for an order of approval, 
                                if the United States attorney certifies 
                                to the judge or other official granting 
                                the motion or denying the application 
                                that the appeal is not taken for 
                                purposes of delay.
                                    ``(II) Filing deadline.--An appeal 
                                under subclause (I) shall--
                                            ``(aa) be taken within 30 
                                        days after the date the order 
                                        was entered; and
                                            ``(bb) be diligently 
                                        prosecuted.''.
    (b) Chapter Analysis.--The table of sections for chapter 119 of 
title 18, United States Code, is amended by adding at the end the 
following:

``2523. Prohibition on use of video surveillance.''.
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