II 111th CONGRESS 2d Session S. 4037 IN THE SENATE OF THE UNITED STATES December 16, 2010 Mr. Schumer (for himself, Mr. Kerry, Mr. Akaka, Mr. Durbin, Mr. Nelson of Nebraska, Mr. Menendez, Ms. Klobuchar, Mr. Whitehouse, Mrs. Shaheen, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To impose a criminal penalty for unauthorized recording or distribution of images produced using advanced imaging technology during screenings of individuals at airports and upon entry to Federal buildings, and for other purposes.

1.

Short title

This Act may be cited as the Security Screening Confidential Data Privacy Act.

2.

Criminal penalty for unauthorized recording or distribution of security screening images

(a)

In general

Part I of title 18, United States Code, is amended by adding at the end the following: 124

Unauthorized recording and distribution of security screening images

Sec. 2731. Criminal penalty for unauthorized recording and distribution of security screening images.

2731.

Criminal penalty for unauthorized recording and distribution of security screening images

(a)

In general

Except as specifically provided in subsection (b), it shall be unlawful for an individual— (1)to photograph or otherwise record an image produced using advanced imaging technology during the screening of an individual at an airport or upon entry into any building owned or operated by the Federal Government without express authorization pursuant to a Federal law or regulation; or (2)to distribute any such image to any individual who is not authorized pursuant to a Federal law or regulation to receive the image. (b)

Exceptions

(1)

Recordings to be used in criminal prosecution

The prohibition under subsection (a) shall not apply to an individual who, during the course and within the scope of the individual's employment, records or distributes an image described in subsection (a) solely to be used in a criminal investigation or prosecution. (2)

Liability of journalists

The prohibition under subsection (a) shall not apply to a journalist that publishes an image described in that subsection if the journalist has a good faith belief that the image was not recorded or distributed in violation of that prohibition. (c)

Penalty

An individual who violates the prohibition in subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both. (d)

Definitions

In this section: (1)

Advanced imaging technology

The term advanced imaging technology— (A)means a device that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and (B)may include devices using backscatter x-rays or millimeter waves and devices referred to as whole-body imaging technology or body scanning. (2)

Journalist

The term journalist— (A)means a person who— (i)with the primary intent to investigate events and procure material in order to disseminate to the public news or information concerning local, national, or international events or other matters of public interest, regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes on such matters by— (I)conducting interviews; (II)making direct observation of events; or (III)collecting, reviewing, or analyzing original writings, statements, communications, reports, memoranda, records, transcripts, documents, photographs, recordings, tapes, materials, data, or other information whether in paper, electronic, or other form; (ii)has such intent at the inception of the process of gathering the news or information sought; and (iii)obtains the news or information sought in order to disseminate the news or information by means of print (including newspapers, books, wire services, news agencies, or magazines), broadcasting (including dissemination through networks, cable, satellite carriers, broadcast stations, or a channel or programming service for any such media), mechanical, photographic, electronic, or other means; (B)includes a supervisor, employer, parent company, subsidiary, or affiliate of a person described in subparagraph (A); and (C)does not include any person who is— (i)a foreign power or an agent of a foreign power, as those terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); (ii)a member or affiliate of a foreign terrorist organization designated under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); (iii)any person whose property and interests in property are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transacting with persons who commit, threaten to commit, or support terrorism), Executive Order 12947 (60 Fed. Reg. 5079; prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process), or any other executive order relating to terrorism; (iv)committing or attempting to commit the crime of terrorism, as that offense is defined in section 2331(5) or 2332b(g)(5) of title 18, United States Code; (v)committing or attempting to commit the crime of providing material support or resources, as that term is defined in section 2339A(b)(1) of title 18, United States Code, to a terrorist organization; or (vi)aiding, abetting, or conspiring in illegal activity with a person described in clause (i), (ii), (iii), (iv), or (v).

. (b)

Technical and conforming amendment

The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 123 the following: 124. Unauthorized recording and distribution of security screening images2731 .