[Congressional Record Volume 146, Number 37 (Wednesday, March 29, 2000)]
[Senate]
[Pages S1911-S1912]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Burns):
  S. 2326. A bill to amend the Communications Act of 1934 to strengthen 
and clarify prohibitions on electronic eavesdropping, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


           the wireless eavesdropping protection act of 2000

 Mr. WYDEN. Mr. President, I am introducing today the Wireless 
Eavesdropping Protection Act. This bill will enhance the privacy rights 
of wireless subscribers by strengthening the laws that prohibit 
eavesdropping wireless communications. Since the early days of wireless 
communications, Congress has paid particular attention to the privacy 
rights of wireless subscribers. Unfortunately, despite our best 
efforts, electronic eavesdroppers have been able to find loopholes in 
the law. I am pleased to be joined in this effort by the Senator from 
Montana, Senator Burns.
  Using the loopholes, electronic eavesdroppers have been able to 
develop a ``gray market'' for modified and modifiable wireless 
scanners. Some of these individuals even advertise in magazines and on 
Internet websites that their products can be altered easily to pick up 
cellular communications. The information and equipment necessary to 
make these modifications are also widely advertised, sometimes with 
blatant offers to unblock the cellular frequencies after the equipment 
is purchased.
  The Wireless Eavesdropping Protection Act attacks these problems on 
several fronts. First, it would expand the definition of the 
frequencies that may not be scanned to include digital Personal 
Communications Service (PCS) frequencies as well as cellular ones. The 
legislation recognizes that some frequencies are shared between 
commercial mobile services and public safety users, and that the use of 
scanners to monitor public safety communications may assist in saving 
lives. As to those frequencies, the Federal Communications Commission 
(FCC) may adopt such regulations as may be necessary to enhance 
privacy.
  Second, the bill would clarify that it is just as illegal to modify 
scanners for the purpose of eavesdropping as it is to manufacture or 
import them for this purpose, and it would direct the FCC to modify its 
rules to reflect this change. The bill also would amend current law to 
prohibit either the intentional interception or the intentional 
divulgence of wireless communications, so that either action on its own 
would be prohibited. Finally, the bill would require the FCC to 
investigate and take action on wireless privacy violations, regardless 
of any other investigative or enforcement action by any other federal 
agency. This provision would help ensure that these newly strengthened 
privacy protections are full enforced in the future.
  The millions of Americans who use wireless communications deserve to 
have their privacy protected. They should be able to enjoy the same 
privacy protection as landline phone users. The Wireless Eavesdropping 
Protection Act will help provide those protections, and I urge my 
colleagues to join Senator Burns and me in supporting this legislation. 
I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2326

       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 ``Wireless Eavesdropping 
     Protection Act of 2000''.

     SEC. 2. COMMERCE IN ELECTRONIC EAVESDROPPING DEVICES.

       (a) Prohibition on Modification.--Section 302(b) of the 
     Communications Act of 1934 (47 U.S.C. 302a(b)) is amended by 
     inserting before the period at the end thereof the following: 
     ``, or modify any such device, equipment, or system in any 
     manner that causes such device, equipment, or system to fail 
     to comply with such regulations''.
       (b) Prohibition on Commerce in Scanning Receivers.--Section 
     302(d) of such Act (47 U.S.C. 302a(d)) is amended to read as 
     follows:
       ``(d) Equipment Authorization Regulations.--
       ``(1) Privacy protections required.--The Commission shall 
     prescribe regulations, and review and revise such regulations 
     as necessary in response to subsequent changes in technology 
     or behavior, denying equipment authorization (under part 15 
     of title 47, Code of Federal Regulations, or any other part 
     of that title) for any scanning receiver that is capable of--
       ``(A) receiving transmissions in the frequencies that are 
     allocated to the domestic cellular radio telecommunications 
     service or the personal communications service;
       ``(B) readily being altered to receive transmissions in 
     such frequencies;
       ``(C) being equipped with decoders that--
       ``(i) convert digital domestic cellular radio 
     telecommunications service, personal communications service, 
     or protected specialized mobile radio service transmissions 
     to analog voice audio; or
       ``(ii) convert protected paging service transmissions to 
     alphanumeric text; or
       ``(D) being equipped with devices that otherwise decode 
     encrypted radio transmissions for the purposes of 
     unauthorized interception.
       ``(2) Privacy protections for shared frequencies.--The 
     Commission shall, with respect to scanning receivers capable 
     of receiving transmissions in frequencies that are used by 
     commercial mobile services and that are shared by public 
     safety users, examine methods, and may prescribe such 
     regulations as may be necessary, to enhance the privacy of 
     users of such frequencies.
       ``(3) Tampering prevention.--In prescribing regulations 
     pursuant to paragraph (1), the Commission shall consider 
     defining `capable of readily being altered' to require 
     scanning receivers to be manufactured in a manner that 
     effectively precludes alteration of equipment features and 
     functions as necessary to prevent commerce in devices that 
     may be used unlawfully to intercept or divulge radio 
     communication.
       ``(4) Warning labels.--In prescribing regulations under 
     paragraph (1), the Commission shall consider requiring labels 
     on scanning receivers warning of the prohibitions in Federal 
     law on intentionally intercepting or divulging radio 
     communications.
       ``(5) Definition.--As used in this subsection, the term 
     `protected' means secured by an electronic method that is not 
     published or disclosed except to authorized users, as further 
     defined by Commission regulation.''.
       (c) Implementing Regulations.--Not later than 90 days after 
     the date of the enactment of this Act, the Federal 
     Communications Commission shall prescribe amendments to its 
     regulations for the purposes of implementing the amendments 
     made by this section.

     SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF 
                   COMMUNICATIONS.

       Section 705 of the Communications Act of 1934 (47 U.S.C. 
     605) is amended--
       (1) in the heading of such section, by inserting 
     ``interception or'' after ``unauthorized'';
       (2) in the first sentence of subsection (a), by striking 
     ``Except as authorized by chapter 119, title 18, United 
     States Code, no person'' and inserting ``No person'';
       (3) in the second sentence of subsection (a)--
       (A) by inserting ``intentionally'' before ``intercept''; 
     and
       (B) by striking ``communication and divulge'' and inserting 
     ``communication, and no person having intercepted such a 
     communication shall intentionally divulge'';
       (4) in the fourth sentence of subsection (a)--
       (A) by inserting ``(A)'' after ``intercepted, shall''; and
       (B) by striking ``thereof) or'' and inserting ``thereof); 
     or (B)'';
       (5) by striking the last sentence of subsection (a) and 
     inserting the following: ``Nothing in this subsection 
     prohibits an

[[Page S1912]]

     interception or disclosure of a communication as authorized 
     by chapter 119 of title 18, United States Code.''; and
       (6) in subsection (e)--
       (A) in paragraph (1)--
       (i) by striking ``fined not more than $2,000 or''; and
       (ii) by inserting ``or fined under title 18, United States 
     Code,'' after ``6 months,'';
       (B) in paragraph (3), by striking ``any violation'' and 
     inserting ``any receipt, interception, divulgence, 
     publication, or utilization of any communication in 
     violation'';
       (C) in paragraph (4), by striking ``any other activity 
     prohibited by subsection (a)'' and inserting ``any receipt, 
     interception, divulgence, publication, or utilization of any 
     communication in violation of subsection (a)''; and
       (D) by adding at the end the following new paragraph:
       ``(7) Notwithstanding any other investigative or 
     enforcement activities of any other Federal agency, the 
     Commission shall investigate alleged violations of this 
     section and may proceed to initiate action under section 503 
     to impose forfeiture penalties with respect to such violation 
     upon conclusion of the Commission's investigation.''.
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