[Congressional Record Volume 146, Number 112 (Wednesday, September 20, 2000)]
[Senate]
[Pages S8857-S8862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY:
  S. 3083. A bill to enhance privacy and the protection of the public 
in the use of computers and the Internet, and for other purposes; to 
the Committee on the Judiciary.


       Enhancement of Privacy and public Safety in Cyberspace Act

  Mr. LEAHY. Mr. President, at the end of July, the administration 
transmitted to the Senate and the House of Representatives legislation 
intended to increase privacy and security in cyberspace. Today, at the 
request and on behalf of the Administration, I introduce this 
legislation, the Enhancement of Privacy and Public Safety in Cyberspace 
Act.
  The White House Chief of Staff, John Podesta, announced the 
administration's cyber-security proposal in an important speech at the 
National Press Club on Monday, July 17, 2000. This is a complex area 
that requires close attention to get the balance among law enforcement, 
business and civil liberties interests just right. I welcome the 
Administration's participation in this debate on the privacy 
implications of government surveillance, which certainly deserves just 
as much attention as the issue of the collection and dissemination of 
personally-identifiable information by the private-sector.
  The means by which law enforcement authorities may gain access to a 
person's private ``effects'' is no longer limited by physical 
proximity, as it was at the time the Framers crafted our Constitution's 
Fourth Amendment right of the American people to be secure in their 
persons, houses, papers and effects, against unreasonable searches and 
seizures. New communications methods and surveillance devices have 
dramatically expanded the opportunities for surreptitious law 
enforcement access to private messages and records from remote 
locations.
  One example of these devices is the Federal Bureau of Investigation's 
Carnivore software program, which screens Internet traffic and captures 
information targeted by court orders. The Senate and House Judiciary 
Committees have both conducted hearings on Carnivore to discuss how the 
software works and whether it minimizes intrusion or maximizes the 
potential for government abuse. The Attorney General is arranging for 
an independent technical review of Carnivore, and I look forward to 
reviewing the results.
  In short, new communications technologies pose both benefits and 
challenges to privacy and law enforcement. The Congress has worked 
successfully in the past to mediate this tension with a combination of 
stringent procedures for law enforcement access to our communications 
and legal protections to maintain their privacy and confidentiality, 
whether they occur in person or over the telephone, fax machine or 
computer. In 1968, the Congress passed comprehensive legislation 
authorizing government interception, under carefully defined 
circumstances, of voice

[[Page S8859]]

communications over telephones or in person in Title III of the Omnibus 
Crime Control and Safe Streets Act.
  We returned to this important area in 1986, when we passed the 
Electronic Communications Privacy Act (ECPA), which I was proud to 
sponsor, that outlined procedures for law enforcement access to 
electronic mail systems and remote data processing systems, and that 
provided important privacy safeguards for computer users.
  The Administration's legislation is an important contribution to the 
ongoing debate over the sufficiency of our current laws in the face of 
the exponential growth of computer and communications networks. In 
fact, this legislation contains some proposals which I support. For 
example, the bill would allow judicial review of pen register orders so 
the judge is not just a rubber stamp, and would update the wiretap laws 
to apply the same procedural rules to e-mail intercepts as to phone 
intercepts.
  Nevertheless, the merits of other provisions in this legislation 
would benefit from additional scrutiny and debate. For example, the 
legislation proposes elimination of the current $5,000 threshold for 
large categories of federal computer crimes. This would lower the bar 
for federal investigative and prosecutorial attention with the result 
that lesser computer abuses could be converted into federal crimes.
  Specifically, federal jurisdiction currently exists for a variety of 
computer crimes if, and only if, such criminal offenses result in at 
least $5,000 of aggregate damage or cause another specified injury, 
such as the impairment of medical treatment, physical injury to a 
person or a threat to public safety. Elimination of the $5,000 
threshold would criminalize a variety of minor computer abuses, 
regardless of whether any significant harm results. Our federal laws do 
not need to reach each and every minor, inadvertent and harmless 
hacking offense--after all, each of the 50 states has its own computer 
crime laws. Rather, our federal laws need to reach those offenses for 
which federal jurisdiction is appropriate. This can be accomplished, as 
I have done in the Internet Security Act, S. 2430, which I introduced 
earlier this year, by simply adding an appropriate definition of 
``loss'' to the statute.
  Prior Congresses have declined to over-federalize computer offenses 
and sensibly determined that not all computer abuses warrant federal 
criminal sanctions. When the computer crime law was first enacted in 
1984, the House Judiciary Committee reporting the bill stated:

       The Federal jurisdictional threshold is that there must be 
     $5,000 worth of benefit to the defendant or loss to another 
     in order to concentrate Federal resources on the more 
     substantial computer offenses that affect interstate or 
     foreign commerce. (H.Rep. 98-894, at p. 22, July 24, 1984).

  Similarly, the Senate Judiciary Committee under the chairmanship of 
Senator Thurmond, rejected suggestions in 1986 that ``the Congress 
should enact as sweeping a Federal statute as possible so that no 
computer crime is potentially uncovered.'' (S. Rep. 99-432, at p. 4, 
September 3, 1986).
  For example, if an overly-curious college sophomore checks a 
professor's unattended computer to see what grade he is going to get 
and accidentally deletes a file or a message, current Federal law does 
not make that conduct a crime. That conduct may be cause for discipline 
at the college, but not for the FBI to swoop in and investigate. Yet, 
under the Administration's legislation, this unauthorized access to the 
professor's computer would constitute a federal offense.
  As the Congress considers changes in our current laws with a view to 
updating our current privacy safeguards from unreasonable government 
surveillance, I commend the administration for focusing attention on 
this important issue by transmitting its legislative proposal.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3083

       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 ``Enhancement of Privacy and 
     Public Safety in Cyberspace Act''.

      SEC. 2. COMPUTER CRIME.

       (a) Fraud and Related Activity in Connection With 
     Computers.--
       (1) Offenses.--Subsection (a) of section 1030 of title 18, 
     United States Code, is amended--
       (A) in paragraph (3), by striking ``accesses such a 
     computer'' and inserting ``or in excess of authorization to 
     access any nonpublic computer of a department or agency of 
     the United States, accesses a computer''; and
       (B) in paragraph (7), by striking ``, firm, association, 
     educational institution, financial institution, government 
     entity, or other legal entity,''.
       (2) Attempted offenses.--Subsection (b) of that section is 
     amended by inserting before the period the following: ``as if 
     such person had committed the completed offense''.
       (3) Punishment.--Subsection (c) of that section is 
     amended--
       (A) in paragraph (1), by striking ``, or an attempt to 
     commit an offense punishable under this subparagraph'' each 
     place it appears in subparagraphs (A) and (B);
       (B) in paragraph (2)--
       (i) by striking subparagraph (A) and inserting the 
     following new subparagraph (A):
       ``(A) except as provided in subparagraphs (B) and (C) of 
     this subparagraph, a fine under this title or imprisonment 
     for not more than one year, or both, in the case of an 
     offense under subsection (a)(2), (a)(3), (a)(5), or (a)(6) of 
     this section which does not occur after a conviction for 
     another offense under this section;'';
       (ii) in subparagraph (B), by adding ``and'' at the end; and
       (iii) by striking subparagraph (C) and inserting the 
     following new subparagraph (C):
       ``(C) a fine under this title or imprisonment for not more 
     than ten years, or both, in the case of an offense under 
     subsection (a)(5)(A) or (a)(5)(B) if the offense caused (or, 
     in the case of an attempted offense, would, if completed, 
     have caused)--
       ``(i) loss to one or more persons during any one year 
     period (including loss resulting from a related course of 
     conduct affecting one or more other protected computers) 
     aggregating at least $5,000;
       ``(ii) the modification or impairment, or potential 
     modification or impairment, of the medical examination, 
     diagnosis, treatment, or care of one or more individuals;
       ``(iii) physical injury to any individual;
       ``(iv) a threat to public health or safety; or
       ``(v) damage affecting a computer system used by or for a 
     government entity in furtherance of the administration of 
     justice, national defense, or national security;'';
       (C) in paragraph (3)--
       (i) by striking ``(3)(A)'' and inserting ``(3)'';
       (ii) by striking ``, (a)(5)(A), (a)(5)(B),'';
       (iii) by striking ``, or an attempt to commit an offense 
     punishable under this subparagraph;''; and
       (iv) by striking subparagraph (B); and
       (D) by adding at the end the following new paragraph:
       ``(4) a fine under this title or imprisonment for not more 
     than ten years, or both, in the case of an offense under 
     subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) 
     of this section which occurs after a conviction for another 
     offense under this section.''.
       (4) Investigative authority of united states secret 
     service.--Subsection (d) of that section is amended--
       (A) in the first sentence, by striking ``subsections 
     (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) 
     of''; and
       (B) in the second sentence, by striking ``which shall be 
     entered into by'' and inserting ``between''.
       (5) Definitions.--Subsection (e) of that section is 
     amended--
       (A) in paragraph (2)(B), by inserting before the semicolon 
     the following: ``, including a computer located outside the 
     United States'';
       (B) in paragraph (7), by striking ``and'' at the end;
       (C) in paragraph (8), by striking ``or information,'' and 
     all that follows through the end of the paragraph and 
     inserting ``or information;'';
       (D) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (E) by adding at the end the following new paragraphs:
       ``(10) the term `conviction for another offense under this 
     section' includes--
       ``(A) an adjudication of juvenile delinquency for a 
     violation of this section; and
       ``(B) a conviction under State law for a crime punishable 
     by imprisonment for more than one year, an element of which 
     is unauthorized access, or exceeding authorized access, to a 
     computer;
       ``(11) the term `loss' means any reasonable cost to any 
     victim, including responding to the offense, conducting a 
     damage assessment, restoring any data, program, system, or 
     information to its condition before the offense, and any 
     revenue lost or costs incurred because of interruption of 
     service; and
       ``(12) the term `person' includes any individual, firm, 
     association, educational institution, financial institution, 
     corporation, company, partnership, society, government 
     entity, or other legal entity.''.
       (6) Civil actions.--Subsection (g) of that section is 
     amended to read as follows:
       ``(g) Any person who suffers damage or loss by reason of a 
     violation of this section may maintain a civil action against 
     the violator to obtain compensatory damages and injunctive or 
     other equitable relief. An action

[[Page S8860]]

     under this subsection for a violation of subsection (a)(5) 
     may be brought only if the conduct involves one or more of 
     the factors set forth in subsection (c)(2)(C). No action may 
     be brought under this subsection unless such action is begun 
     within 2 years of the date of the act complained of or the 
     date of the discovery of the damage.''.
       (7) Forfeiture.--That section is further amended--
       (A) by redesignating subsection (h) as subsection (j); and
       (B) by inserting after subsection (g), as amended by 
     paragraph (6) of this subsection, the following new 
     subsections (h) and (i):
       ``(h)(1) The court, in imposing sentence on any person 
     convicted of a violation of this section, shall order, in 
     addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person forfeit to the 
     United States--
       ``(A) such person's interest in any property, whether real 
     or personal, that was used or intended to be used to commit 
     or to facilitate the commission of such violation; and
       ``(B) any property, whether real or personal, constituting 
     or derived from, any proceeds that such person obtained, 
     whether directly or indirectly, as a result of such 
     violation.
       ``(2) The criminal forfeiture of property under this 
     subsection, any seizure and disposition thereof, and any 
     administrative or judicial proceeding in relation thereto, 
     shall be governed by the provisions of section 413 of the 
     Comprehensive Drug Abuse Prevention and Control Act of 1970 
     (21 U.S.C. 853), except subsection (d) of that section.
       ``(i)(1) The following shall be subject to forfeiture to 
     the United States, and no property right shall exist in them:
       ``(A) Any property, whether real or personal, used or 
     intended to be used to commit or to facilitate the commission 
     of any violation of this section.
       ``(B) Any property, whether real or personal, which 
     constitutes or is derived from proceeds traceable to any 
     violation of this section.
       ``(2) The provisions of chapter 46 of this title relating 
     to civil forfeiture shall apply to any seizure or civil 
     forfeiture under this subsection.''.
       (b) Amendments to Sentencing Guidelines.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, the United States Sentencing Commission shall amend the 
     sentencing guidelines to ensure any individual convicted of a 
     violation of paragraph (4) or a felony violation of paragraph 
     (5)(A), but not a felony violation of paragraph (5)(B) or 
     (5)(C), of section 1030(a) of title 18, United States Code, 
     is imprisoned for not less than 6 months.
       (c) Communications Matters.--
       (1) In general.--Section 223(a)(1) of the Communications 
     Act of 1934 (47 U.S.C. 223(a)(1)) is amended--
       (A) in subparagraphs (C) and (E), by inserting ``or 
     interactive computer service'' after ``telecommunications 
     device'';
       (B) in subparagraph (D), by striking ``or'' at the end; and
       (C) by adding after subparagraph (E) the following new 
     subparagraph:
       ``(F) with the intent to cause the unavailability of a 
     telecommunications device or interactive computer service, or 
     to cause damage to a protected computer (as those terms are 
     defined in section 1030 of title 18, United States Code), 
     causes or attempts to cause one or more other persons to 
     initiate communication with such telecommunications device, 
     interactive computer service, or protected computer; or''.
       (2) Conforming amendment.--The section heading of that 
     section is amended by striking ``TELEPHONE CALLS'' and 
     inserting ``COMMUNICATIONS''.

     SEC. 3. INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC 
                   COMMUNICATIONS.

       (a) Definitions.--Section 2510 of title 18, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``electronic storage'' 
     and inserting ``interim storage'';
       (2) in paragraph (10), by striking ``section 153(h) of 
     title 47 of the United States Code'' and inserting ``section 
     3(10) of the Communications Act of 1934 (47 U.S.C. 
     153(10))'';
       (3) in paragraph (14)--
       (A) by striking ``of electronic'' and inserting ``of wire 
     or electronic''; and
       (B) by striking ``electronic storage'' and inserting 
     ``interim storage''; and
       (4) in paragraph (17)--
       (A) by striking `` `electronic storage' '' and inserting `` 
     `interim storage' ''; and
       (B) in subparagraph (A), by inserting ``by an electronic 
     communication service'' after ``intermediate storage''.
       (b) Prohibition on Interception and Disclosure of 
     Communications.--Section 2511 of that title is amended--
       (1) in subsection (2)--
       (A) in paragraph (a)(i), by striking ``on officer'' and 
     inserting ``an officer'';
       (B) in paragraph (f)--
       (i) by inserting ``or 206'' after ``chapter 121''; and
       (ii) by striking ``wire and oral'' and inserting ``wire, 
     oral, and electronic''; and
       (C) in paragraph (g), by striking clause (i) and inserting 
     the following new clause (i):
       ``(i) to intercept or access a wire or electronic 
     communication (other than a radio communication) made through 
     an electronic communications system that is configured so 
     that such communication is readily accessible to the general 
     public;''; and
       (2) in subsection (4)--
       (A) in paragraph (a), by striking ``in paragraph (b) of 
     this subsection or'';
       (B) by striking paragraph (b); and
       (C) by redesignating paragraph (c) as paragraph (b).
       (c) Prohibition on Use of Evidence of Intercepted 
     Communications.--Section 2515 of that title is amended--
       (1) by striking ``Whenever any wire or oral communication'' 
     and inserting ``(a) Except as provided in subsection (b), 
     whenever any wire, oral, or electronic communication''; and
       (2) by adding at the end the following new subsection:
       ``(b) Subsection (a) shall not apply to the disclosure, 
     before a grand jury or in a criminal trial, hearing, or other 
     criminal proceeding, of the contents of a communication, or 
     evidence derived therefrom, against a person alleged to have 
     intercepted, used, or disclosed the communication in 
     violation of this chapter, or participated in such 
     violation.''.
       (d) Authorization for Interception of Communications.--
     Section 2516 of that title is amended--
       (1) in subsection (1)--
       (A) by striking ``wire or oral'' in the matter preceding 
     paragraph (a) and inserting ``wire, oral, or electronic'';
       (B) in paragraph (b), by inserting ``threat,'' after 
     ``robbery,'';
       (C) by striking the first paragraph (p) and inserting the 
     following new paragraph (p):
       ``(p) a felony violation of section 1030 of this title 
     (relating to computer fraud and abuse), a felony violation of 
     section 223 of the Communications Act of 1934 (47 U.S.C. 223) 
     (relating to abusive communications in interstate or foreign 
     commerce), or a violation of section 1362 of this title 
     (relating to destruction of government communications 
     facilities); or''; and
       (D) by redesignating the second paragraph (p) as paragraph 
     (q); and
       (2) in subsection (3), by striking ``electronic 
     communications'' and inserting ``one-way pager 
     communications''.
       (e) Authorization for Disclosure or Use of Intercepted 
     Communications.--Section 2517 of that title is amended in 
     subsections (1) and (2) by inserting ``or under the 
     circumstances described in section 2515(b) of this title'' 
     after ``by any means authorized by this chapter''.
       (f) Procedure for Interception.--Section 2518 of that title 
     is amended--
       (1) in subsection (7), by striking ``subsection (d)'' and 
     inserting ``subsection (8)(d)''; and
       (2) in subsection (10)--
       (A) in paragraph (a)--
       (i) in the matter preceding subparagraph (i), by striking 
     ``wire or oral'' and inserting ``wire, oral, or electronic''; 
     and
       (ii) in the flush matter following subparagraph (iii)--

       (I) by striking ``intercepted wire or oral communication'' 
     and inserting ``intercepted communication''; and
       (II) by adding at the end the following new sentence: ``No 
     suppression may be ordered under this paragraph under the 
     circumstances described in section 2515(b) of this title.''; 
     and

       (B) by striking paragraph (c).
       (g) Civil Damages.--Section 2520(c)(2) of that title is 
     amended--
       (1) in the matter preceding subparagraph (A)--
       (A) by striking ``court may'' and inserting ``court 
     shall''; and
       (B) by striking ``greater'' and inserting ``greatest'';
       (2) in subparagraph (A), by striking ``or'' at the end;
       (3) in subparagraph (B), by striking ``whichever is the 
     greater of $100 a day for each day of violation or $10,000.'' 
     and inserting ``$500 a day for each day of violation; or''; 
     and
       (4) by adding at the end the following new subparagraph:
       ``(C) statutory damages of $10,000.''.
       (h) Conforming and Clerical Amendments.--
       (1) Conforming amendment.--The section heading of section 
     2515 of that title is amended to read as follows:

     ``Sec. 2515. Prohibition on use as evidence of intercepted 
       wire, oral, or electronic communications''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 119 of that title is amended by striking 
     the item relating to section 2515 and inserting the following 
     new item:

``2515. Prohibition on use as evidence of intercepted wire, oral, or 
              electronic communications.''.

     SEC. 4. ELECTRONIC COMMUNICATIONS PRIVACY.

       (a) Unlawful Access to Stored Communications.--Section 2701 
     of title 18, United States Code, is amended--
       (1) in subsection (a) by striking ``electronic storage'' 
     and inserting ``interim storage'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``purposes of'' in the matter preceding 
     subparagraph (A) and inserting ``a tortious or illegal 
     purpose,'';
       (ii) in subparagraph (A) by striking ``one year'' and 
     inserting ``five years''; and
       (iii) in subparagraph (B) by striking ``two years'' and 
     inserting ``ten years''; and
       (B) by striking paragraph (2) and inserting the following 
     new paragraph (2):
       ``(2) in any other case--
       ``(A) a fine under this title or imprisonment for not more 
     than one year, or both, in the case of a first offense under 
     this subparagraph; and

[[Page S8861]]

       ``(B) a fine under this title or imprisonment for not more 
     than five years, or both, for any subsequent offense under 
     this subparagraph.''.
       (b) Disclosure of Contents.--Section 2702 of that title is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``person or entity providing an'' and 
     inserting ``provider of'';
       (ii) by striking ``electronic storage'' and inserting 
     ``interim storage''; and
       (iii) by striking ``and'' at the end;
       (B) in paragraph (2)--
       (i) by striking ``person or entity providing'' and 
     inserting ``provider of''; and
       (ii) striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following new paragraph:
       ``(3) a provider of remote computing service or electronic 
     communication service to the public shall not knowingly 
     divulge a record or other information pertaining to a 
     subscriber to or customer of such service (not including the 
     contents of communications covered by paragraph (1) or (2) of 
     this subsection) to any governmental entity.'';
       (2) in subsection (b)--
       (A) in the subsection caption, by inserting ``for 
     Disclosure of Communications'' after ``Exceptions'';
       (B) in the matter preceding paragraph (1), by striking 
     ``person or entity'' and inserting ``provider described in 
     subsection (a)'';
       (C) in paragraph (6)--
       (i) in subparagraph (A)(ii), by striking ``or'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) if the provider reasonably believes that an emergency 
     involving immediate danger of death or serious physical 
     injury to any person justifies disclosure of the 
     information.''; and
       (3) by adding at the end the following new subsection:
       ``(c) Exceptions for Disclosure of Customer Records.--A 
     provider described in subsection (a) may divulge a record or 
     other information pertaining to a subscriber to or customer 
     of such service (not including the contents of communications 
     covered by paragraph (1) or (2) of subsection (a))--
       ``(1) as otherwise authorized in section 2703 of this 
     title;
       ``(2) with the lawful consent of the customer or 
     subscriber;
       ``(3) as may be necessarily incident to the rendition of 
     the service or to the protection of the rights or property of 
     the provider of that service;
       ``(4) to a governmental entity, if the provider reasonably 
     believes that an emergency involving immediate danger of 
     death or serious physical injury to any person justifies 
     disclosure of the information; or
       ``(5) to any person other than a governmental entity if not 
     otherwise prohibited by law.''.
       (c) Requirements for Governmental Access.--Section 2703 of 
     that title is amended--
       (1) in subsection (a), by striking ``electronic storage'' 
     each place it appears and inserting ``interim storage'';
       (2) in subsection (b)(1)(B), by striking clause (i) and 
     inserting the following new clause (i):
       ``(i) uses a Federal or State grand jury or trial subpoena, 
     or a subpoena or equivalent process authorized by a Federal 
     or State statute; or'';
       (3) in subsection (c)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by redesignating subparagraph (C) of paragraph (1) as 
     paragraph (2);
       (C) in paragraph (2), as so redesignated--
       (i) by striking ``an administrative subpoena authorized by 
     a Federal or State statute or a Federal or State grand jury 
     or trial subpoena'' and inserting ``a Federal or State grand 
     jury or trial subpoena, or a subpoena or equivalent process 
     authorized by a Federal or State statute,''; and
       (ii) by striking ``subparagraph (B).'' and inserting 
     ``paragraph (1).''; and
       (D) in paragraph (1)--
       (i) by striking ``(A) Except as provided in subparagraph 
     (B),'' and inserting ``A governmental entity may require'';
       (ii) by striking ``may disclose'' and inserting ``to 
     disclose'';
       (iii) by striking ``to any person other than a governmental 
     entity.'';
       (iv) by striking ``(B) A provider of'' through ``to a 
     governmental entity'';
       (v) by redesignating clauses (i) through (iv) as 
     subparagraphs (A) through (D);
       (vi) by striking ``or'' at the end of subparagraph (C), as 
     so redesignated;
       (vii) by striking the period at the end of subparagraph 
     (D), as so redesignated, and inserting ``; or''; and
       (viii) by adding after subparagraph (D), as so 
     redesignated, the following new subparagraph:
       ``(E) seeks information pursuant to paragraph (2).''; and
       (4) in subsection (d)--
       (A) by striking ``subsection (c)'' and inserting 
     ``subsection (c)(1)''; and
       (B) by striking ``section 3127(2)(A)'' and inserting 
     ``section 3127(2)''.
       (d) Delayed Notice.--Section 2705(a) of that title is 
     amended--
       (1) in paragraph (1)(B), by striking ``an administrative 
     subpoena authorized by a Federal or State statute or a 
     Federal or State grand jury subpoena'' and inserting ``a 
     Federal or State grand jury or trial subpoena, or a subpoena 
     or equivalent process authorized by a Federal or State 
     statute,''; and
       (2) in paragraph (4), by striking ``by the court'' and all 
     that follows through the end of the paragraph and inserting 
     ``, upon application, if the court determines that there is 
     reason to believe that notification of the existence of the 
     court order or subpoena may have an adverse result described 
     in paragraph (2) of this subsection.''.
       (e) Civil Action.--Section 2707(e)(1) of that title is 
     amended by inserting ``a request of a governmental entity 
     under section 2703(f) of this title,'' after ``subpoena,''.
       (f) Conforming and Clerical Amendments.--
       (1) Conforming amendments.--(A) The section heading of 
     section 2702 of that title is amended to read as follows:

     ``Sec. 2702. Voluntary disclosure of customer communications 
       or records''.

       (B) The section heading of section 2703 of that title is 
     amended to read as follows:

     ``Sec. 2703. Required disclosure of customer communications 
       or records''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 121 of that title is amended by striking 
     the items relating to sections 2702 and 2703 and inserting 
     the following new items:

``2702. Voluntary disclosure of customer communications or records.''.
``2703. Required disclosure of customer communications or records.''.

     SEC. 5. PEN REGISTERS AND TRAP AND TRACE DEVICES.

       (a) General Prohibition on Use.--Section 3121(c) of title 
     18, United States Code, is amended--
       (1) by inserting ``or trap and trace device'' after ``pen 
     register'';
       (2) by inserting ``, routing, addressing,'' after 
     ``dialing''; and
       (3) by striking ``call processing'' and inserting ``the 
     processing and transmitting of wire and electronic 
     communications''.
       (b) Application for Order.--Section 3122(b)(2) of that 
     title is amended by striking ``certification by the 
     applicant'' and inserting ``statement of facts showing''.
       (c) Issuance of Order.--Section 3123 of that title is 
     amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection (a):
       ``(a) In General.--(1) Upon an application made under 
     section 3122(a)(1) of this title, the court shall enter an ex 
     parte order authorizing the installation and use of a pen 
     register or a trap and trace device if the court finds, based 
     on facts contained in the application, that the information 
     likely to be obtained by such installation and use is 
     relevant to an ongoing criminal investigation. Such order 
     shall, upon service of such order, apply to any entity 
     providing wire or electronic communication service in the 
     United States whose assistance may facilitate the execution 
     of the order.
       ``(2) Upon an application made under section 3122(a)(2) of 
     this title, the court shall enter an ex parte order 
     authorizing the installation and use of a pen register or a 
     trap and trace device within the jurisdiction of the court if 
     the court finds, based on facts contained in the application, 
     that the information likely to be obtained by such 
     installation and use is relevant to an ongoing criminal 
     investigation.'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (A)--
       (i) by inserting ``or other facility'' after ``line''; and
       (ii) by inserting ``or applied'' after ``attached''; and
       (B) in subparagraph (C)--
       (i) by striking ``the number'' and inserting ``the 
     attributes of the communications to which the order applies, 
     such as the number or other identifier,'';
       (ii) by striking ``physical'';
       (iii) by inserting ``or other facility'' after ``line'';
       (iv) by inserting ``or applied'' after ``attached''; and
       (v) by inserting ``authorized under subsection (a)(2) of 
     this section'' after ``device'' the second place it appears; 
     and
       (4) in subsection (d)(2)--
       (A) by inserting ``or other facility'' after ``line'';
       (B) by inserting ``or applied'' after ``attached''; and
       (C) by striking ``has been ordered by the court'' and 
     inserting ``is obligated by the order''.
       (d) Emergency Installation.--Section 3125(a)(1) of that 
     title is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the comma at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following new subparagraphs:
       ``(C) an immediate threat to a national security interest; 
     or
       ``(D) an ongoing attack on the integrity or availability of 
     a protected computer punishable pursuant to section 
     1030(c)(2)(C) of this title,''.
       (e) Definitions.--Section 3127 of that title is amended--
       (1) in paragraph (2), by striking subparagraph (A) and 
     inserting the following new subparagraph (A):
       ``(A) any district court of the United States (including a 
     magistrate judge of such a court) or United States Court of 
     Appeals having jurisdiction over the offense being 
     investigated; or'';

[[Page S8862]]

       (2) in paragraph (3)--
       (A) by striking ``electronic or other impulses which 
     identify the numbers dialed or otherwise transmitted on the 
     telephone line to which such device is attached'' and 
     inserting ``dialing, routing, addressing, and signaling 
     information transmitted by an instrument or facility from 
     which a wire or electronic communication is transmitted''; 
     and
       (B) by inserting ``or process'' after ``device'' each place 
     it appears;
       (3) in paragraph (4)--
       (A) by inserting ``or process'' after ``a device''; and
       (B) by striking ``of an instrument or device from which a 
     wire or electronic communication was transmitted'' and 
     inserting ``or other dialing, routing, addressing, and 
     signaling information relevant to identifying the source of a 
     wire or electronic communication'';
       (4) in paragraph (5), by striking ``and'' at the end;
       (5) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (6) by adding at the end the following new paragraph:
       ``(7) the term `protected computer' has the meaning given 
     that term in section 1030(e) of this title.''.

     SEC. 6. JUVENILE MATTERS.

       Section 5032 of title 18, United States Code, is amended in 
     the first undesignated paragraph by inserting after ``section 
     924(b), (g), or (h) of this title,'' the following: ``or is a 
     violation of section 1030(a)(1), section 1030(a)(2)(B), 
     section 1030(a)(3), or a felony violation of section 
     1030(a)(5) where such felony violation of section 1030(a)(5) 
     is eligible for punishment under section 1030(c)(2)(C)(ii) 
     through (v) of this title,''.

     SEC. 7. PROTECTION OF CABLE SERVICE SUBSCRIBER PRIVACY.

       Section 631 of the Communications Act of 1934 (47 U.S.C. 
     551) is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) required under chapter 119, 121, or 206 of title 18, 
     United States Code, except that disclosure under this 
     subparagraph shall not include records revealing customer 
     cable television viewing activity.''; and
       (2) in subsection (h), by striking ``A governmental 
     entity'' and inserting ``Except as provided in subsection 
     (c)(2)(D), a governmental entity''.
                                 ______