[Congressional Record Volume 157, Number 68 (Tuesday, May 17, 2011)]
[Senate]
[Pages S3054-S3057]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY:
  S. 1011. A bill to improve the provisions relating to the privacy of 
electronic communications; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today I am pleased to introduce the 
Electronic Communications Privacy Act Amendments Act of 2011, a bill to 
bring our Federal electronic privacy laws into the digital age. Since 
the Electronic Communications Privacy Act, ECPA, was first enacted in 
1986, the ECPA has been one of our Nation's premiere privacy laws. But, 
today, this law is significantly outdated and out-paced by rapid 
changes in technology and the changing mission of our law enforcement 
agencies after September 11.
  In the digital age, American consumers and businesses face threats to 
privacy like no time in history. With the explosion of new 
technologies, including social networking sites, smartphones and other 
mobile applications, there are many new benefits to consumers. But, 
there are also many new risks to their privacy.
  Just in the past few weeks, we have witnessed significant data 
breaches involving Sony and Epsilon that impact the privacy of millions 
of American consumers. We are also learning that smartphones and other 
new mobile technologies may be using and storing our location and other 
sensitive information posing other new risks to privacy.
  When I led the effort to write the ECPA 25 years ago, no one could 
have contemplated these and other emerging threats to our digital 
privacy. Updating this law to reflect the realities of our time is 
essential to ensuring that our Federal privacy laws keep pace with new 
technologies and the new threats to our security.
  This bill takes several steps to protect Americans' privacy in the 
digital age. First, the bill makes common sense changes to the law 
regarding the privacy protections afforded to consumers' electronic 
communications. Under the current law, a single e-mail could be subject 
to as many a four different levels of privacy protections, depending 
upon where it is stored and when it was sent. The bill gets rid of the 
so-called ``180-day rule'' and replaces this confusing mosaic with one 
clear legal standard for the protection of the content of e-mails and 
other electronic communications. Under my bill, service providers are 
expressly prohibited from disclosing customer content and the 
government must obtain a search warrant, based on probable cause, to 
compel a service provider to disclose the content of a customer's 
electronic communications to the government.
  This bill also provides important new consumer privacy protections 
for location information that is collected, used, or stored by service 
providers, smartphones, or other mobile technologies. To protect 
consumer privacy, my bill requires that the government obtain either a 
search warrant, or a court order under the Foreign Intelligence 
Surveillance Act, in order to access or use an individual's smartphone 
or other electronic communications device to obtain geolocation 
information. There are well-balanced exceptions to the warrant 
requirement if the government needs to obtain location information to 
address an immediate threat to safety or national security, or when 
there is user consent or a call for emergency services. The bill also 
requires that the government obtain a search warrant in order to obtain 
contemporaneous, real-time, location information from a provider. There 
is an exception to the warrant requirement for emergency calls for 
service.
  To address the role of new technologies in the changing mission of 
law enforcement, the bill also provides important new tools to law 
enforcement to fight crime and keep us safe. The bill clarifies the 
authority under the ECPA for the government to temporarily delay 
notifying an individual of that fact that the government has accessed 
the contents of their electronic communications, to protect the 
integrity of a government investigation. The bill also gives new 
authority to the government to delay notification in order to protect 
national security.
  Lastly, the ECPA Amendments Act strengthens the tools available in 
ECPA to protect our national security and the security of our computer 
networks. The legislation creates a new limited exception to the 
nondisclosure requirements under the ECPA, so that a service provider 
can voluntarily disclose content to the government that is pertinent to 
addressing a cyberattack. To protect privacy and civil liberties, the 
bill also requires that, among other things, the Attorney General and 
the Secretary of Homeland Security submit an annual report to Congress 
detailing the number of accounts from which their departments received 
voluntary disclosures under this new cybersecurity exception.
  In addition, the bill clarifies the kinds of subscriber records that 
the Federal Bureau of Investigations may obtain from a provider in 
connection with a counterintelligence investigation. This reform will 
help to make the process for obtaining this information more certain 
and efficient for both the government and providers.
  I drafted this bill with one key principle in mind, that updates to 
the Electronic Communication Privacy Act must carefully balance the 
interests and needs of consumers, law enforcement, and our Nation's 
thriving technology sector. I also drafted this bill in careful 
consultation with many government and private sector stakeholders, 
including the Departments of Justice and Commerce, State and local law 
enforcement, and members of the technology and privacy communities.
  I thank the Digital Due Process Coalition and the many other 
stakeholders who support this bill. I also thank the Departments of 
Commerce and Justice for their guidance on how the ECPA impacts the 
needs of our law enforcement community and our national economy. I look 
forward to continuing to work with all of these stakeholders as this 
bill moves forward.
  Two decades before Congress first enacted the Electronic 
Communications Privacy Act, Chief Justice Earl Warren wisely opined 
that ``the fantastic advances in the field of electronic communications 
constitute a greater danger to the privacy of the individual.'' This 
aptly describes the state of our digital privacy rights today. The 
balanced reforms in this bill will help ensure that our Federal privacy 
laws address the many dangers to personal privacy posed by the rapid 
advances in electronic communications technologies. Accomplishing this 
challenging task will not be easy. But, with the introduction of the 
Electronic Communications Privacy Act Amendments Act of 2011, we take a 
significant step towards this very important goal.

[[Page S3055]]

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1011

       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 ``Electronic Communications 
     Privacy Act Amendments Act of 2011''.

     SEC. 2. PROHIBITION ON DISCLOSURE OF CONTENT.

       Section 2702(a)(3) of title 18, United States Code, is 
     amended to read as follows:
       ``(3) a provider of electronic communication service, 
     remote computing service, or geolocation information service 
     to the public shall not knowingly divulge to any governmental 
     entity the contents of any communication described in section 
     2703(a), or any record or other information pertaining to a 
     subscriber or customer of such provider or service.''.

     SEC. 3. ELIMINATION OF 180 DAY RULE AND SEARCH WARRANT 
                   REQUIREMENT; REQUIRED DISCLOSURE OF CUSTOMER 
                   RECORDS.

       (a) In General.--Section 2703 of title 18, United States 
     Code, is amended--
       (1) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) Contents of Wire or Electronic Communications in 
     Electronic Storage.--
       ``(1) In general.--A governmental entity may require the 
     disclosure by a provider of electronic communication service, 
     remote computing service, or geolocation information service 
     of the contents of a wire or electronic communication that is 
     in electronic storage with or otherwise held or maintained by 
     the provider if the governmental entity obtains a warrant 
     issued and executed in accordance with the Federal Rules of 
     Criminal Procedure (or, in the case of a State court, issued 
     using State warrant procedures) that is issued by a court of 
     competent jurisdiction directing the disclosure.
       ``(2) Notice.--Except as provided in section 2705, not 
     later than 3 days after a governmental entity receives the 
     contents of a wire or electronic communication of a 
     subscriber or customer from a provider of electronic 
     communication service, remote computing service, or 
     geolocation information service under paragraph (1), the 
     governmental entity shall serve upon, or deliver to by 
     registered or first-class mail, electronic mail, or other 
     means reasonably calculated to be effective, as specified by 
     the court issuing the warrant, the subscriber or customer--
       ``(A) a copy of the warrant; and
       ``(B) a notice that includes the information referred to in 
     section 2705(a)(5)(B)(i).
       ``(b) Records Concerning Electronic Communication Service, 
     Remote Computing Service, or Geolocation Information 
     Service.--
       ``(1) In general.--Subject to paragraph (2) and subsection 
     (g), a governmental entity may require a provider of 
     electronic communication service, remote computing service, 
     or geolocation information service to disclose a record or 
     other information pertaining to a subscriber or customer of 
     the provider or service (not including the contents of 
     communications), only if the governmental entity--
       ``(A) obtains a warrant issued and executed in accordance 
     with the Federal Rules of Criminal Procedure (or, in the case 
     of a State court, issued using State warrant procedures) that 
     is issued by a court of competent jurisdiction directing the 
     disclosure;
       ``(B) obtains a court order directing the disclosure under 
     subsection (c);
       ``(C) has the consent of the subscriber or customer to the 
     disclosure; or
       ``(D) submits a formal written request relevant to a law 
     enforcement investigation concerning telemarketing fraud for 
     the name, address, and place of business of a subscriber or 
     customer of the provider or service that is engaged in 
     telemarketing (as defined in section 2325).
       ``(2) Subpoenas.--
       ``(A) In general.--A governmental entity may require a 
     provider of electronic communication service, remote 
     computing service, or geolocation information service to 
     disclose information described in subparagraph (B) if the 
     governmental entity obtains--
       ``(i) an administrative subpoena under a Federal or State 
     statute; or
       ``(ii) a Federal or State grand jury subpoena or trial 
     subpoena.
       ``(B) Requirements.--The information described in this 
     subparagraph is--
       ``(i) the name of the subscriber or customer;
       ``(ii) the address of the subscriber or customer;
       ``(iii) the local and long distance telephone connection 
     records, or records of session times and durations, of the 
     subscriber or customer;
       ``(iv) length of service (including start date) and types 
     of service utilized by the subscriber or customer;
       ``(v) telephone or instrument number or other subscriber 
     number or identity, including any temporarily assigned 
     network address, of the subscriber or customer; and
       ``(vi) means and source of payment for such service 
     (including any credit card or bank account number) of the 
     subscriber or customer.
       ``(3) Notice not required.--A governmental entity that 
     receives records or information under this subsection is not 
     required to provide notice to a subscriber or customer.''; 
     and
       (2) by redesignating subsections (d) through (g) as 
     subsections (c) through (f), respectively.
       (b) Technical and Conforming Amendments.--
       (1) Section 2258a.--Section 2258A(h)(1) of title 18, United 
     States Code, is amended by striking ``section 2703(f)'' and 
     inserting ``section 2703(e)''.
       (2) Section 2703.--Section 2703(c) of title 18, United 
     States Code, as redesignated by subsection (a), is amended--
       (A) by striking ``A court order for disclosure under 
     subsection (b) or (c)'' and inserting ``A court order for 
     disclosure under subsection (b)(1)(B) or (g)(3)(A)(ii)''; and
       (B) by striking ``the contents of a wire or electronic 
     communication, or the records or other information sought,'' 
     and inserting ``the records, other information, or historical 
     geolocation information sought''.
       (3) Section 2707.--Section 2707(a) of title 18, United 
     States Code, is amended by striking ``section 2703(e)'' and 
     inserting ``section 2703(d)''.
       (4) Section 3486.--Section 3486(a)(1)(C)(i) of title 18, 
     United States Code, is amended by striking ``section 
     2703(c)(2)'' and inserting ``section 2703(b)(2)(B)''.

     SEC. 4. DELAYED NOTICE.

       Section 2705 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 2705. Delayed notice

       ``(a) Delay of Notification.--
       ``(1) In general.--A governmental entity that is seeking a 
     warrant under section 2703(a) may include in the application 
     for the warrant a request for an order delaying the 
     notification required under section 2703(a) for a period of 
     not more than 90 days.
       ``(2) Determination.--A court shall grant a request for 
     delayed notification made under paragraph (1) if the court 
     determines that there is reason to believe that notification 
     of the existence of the warrant may result in--
       ``(A) endangering the life or physical safety of an 
     individual;
       ``(B) flight from prosecution;
       ``(C) destruction of or tampering with evidence;
       ``(D) intimidation of potential witnesses;
       ``(E) otherwise seriously jeopardizing an investigation or 
     unduly delaying a trial; or
       ``(F) endangering national security.
       ``(3) Extension.--Upon request by a governmental entity, a 
     court may grant 1 or more extensions of the delay of 
     notification granted under paragraph (2) of not more than 90 
     days.
       ``(4) Expiration of the delay of notification.--Upon 
     expiration of the period of delay of notification under 
     paragraph (2) or (3), the governmental entity shall serve 
     upon, or deliver to by registered or first-class mail, 
     electronic mail or other means reasonably calculated to be 
     effective as specified by the court approving the search 
     warrant, the customer or subscriber--
       ``(A) a copy of the warrant; and
       ``(B) notice that informs the customer or subscriber--
       ``(i) that information maintained for the customer or 
     subscriber by the provider of electronic communication 
     service, remote computing service, or geolocation information 
     service named in the process or request was supplied to, or 
     requested by, the governmental entity;
       ``(ii) of the date on which the request to the provider for 
     information was made by the governmental entity and the date 
     on which the information was provided by the provider to the 
     governmental entity;
       ``(iii) that notification of the customer or subscriber was 
     delayed;
       ``(iv) the identity of the court authorizing the delay; and
       ``(v) of the provision of this chapter under which the 
     delay was authorized.
       ``(b) Preclusion of Notice to Subject of Governmental 
     Access.--
       ``(1) In general.--A governmental entity that is obtaining 
     the contents of a communication or information or records 
     under section 2703 or geolocation information under section 
     2713 may apply to a court for an order directing a provider 
     of electronic communication service, remote computing 
     service, or geolocation information service to which a 
     warrant, order, subpoena, or other directive under section 
     2703 or 2713 is directed not to notify any other person of 
     the existence of the warrant, order, subpoena, or other 
     directive for a period of not more than 90 days.
       ``(2) Determination.--A court shall grant a request for an 
     order made under paragraph (1) if the court determines that 
     there is reason to believe that notification of the existence 
     of the warrant, order, subpoena, or other directive may 
     result in--
       ``(A) endangering the life or physical safety of an 
     individual;
       ``(B) flight from prosecution;
       ``(C) destruction of or tampering with evidence;
       ``(D) intimidation of potential witnesses;
       ``(E) otherwise seriously jeopardizing an investigation or 
     unduly delaying a trial; or
       ``(F) endangering national security.
       ``(3) Extension.--Upon request by a governmental entity, a 
     court may grant 1 or more extensions of an order granted 
     under paragraph (2) of not more than 90 days.''.

     SEC. 5. LOCATION INFORMATION PRIVACY.

       (a) In General.--Chapter 121 of title 18, United States 
     Code, is amended by adding at the end the following:

[[Page S3056]]

     ``Sec. 2713. Location tracking of electronic communications 
       device

       ``(a) Prohibition.--Except as provided in subsection (b), 
     (c), or (d), no governmental entity may access or use an 
     electronic communications device to acquire geolocation 
     information.
       ``(b) Acquisition Pursuant to a Warrant or Court Order.--A 
     governmental entity may access or use an electronic 
     communications device to acquire geolocation information if 
     the governmental entity obtains--
       ``(1) a warrant issued and executed in accordance with the 
     Federal Rules of Criminal Procedure relating to tracking 
     devices (or, in the case of a State court, issued using State 
     warrant procedures), issued by a court of competent 
     jurisdiction authorizing the accessing or use of an 
     electronic communications device to acquire geolocation 
     information; or
       ``(2) a court order under title I or title VII of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq. and 1881 et seq.) authorizing the accessing or use of 
     an electronic communications device to acquire geolocation 
     information.
       ``(c) Permitted Acquisitions Without Court Order.--A 
     governmental entity may access or use an electronic 
     communications device to acquire geolocation information--
       ``(1) as permitted under section 222(d)(4) of the 
     Communications Act of 1934 (47 U.S.C. 222(d)(4)) in order to 
     respond to a call for emergency services by a user of an 
     electronic communications device; or
       ``(2) with the express consent of the owner or user of the 
     electronic communications device concerned.
       ``(d) Emergency Acquisition of Geolocation Information.--
       ``(1) In general.--Subject to paragraph (2), an 
     investigative or law enforcement officer specially designated 
     by the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, any Assistant Attorney General, 
     any acting Assistant Attorney General, any United States 
     attorney, any acting United States attorney, or the principal 
     prosecuting attorney of any State or political subdivision 
     thereof acting pursuant to a statute of that State may access 
     or use an electronic communications device to acquire 
     geolocation information if the investigative or law 
     enforcement officer reasonably determines that--
       ``(A) an emergency situation exists that--
       ``(i) involves--

       ``(I) immediate danger of death or serious bodily injury to 
     any person;
       ``(II) conspiratorial activities characteristic of 
     organized crime; or
       ``(III) an immediate threat to national security; and

       ``(ii) requires the accessing or use of an electronic 
     communications device to acquire geolocation information 
     before an order authorizing the acquisition may, with due 
     diligence, be obtained; and
       ``(B) there are grounds upon which an order could be 
     entered under this section to authorize the accessing or use 
     of an electronic communications device to acquire geolocation 
     information.
       ``(2) Order and termination.--If an investigative or law 
     enforcement officer accesses or uses an electronic 
     communications device to acquire geolocation information 
     under paragraph (1)--
       ``(A) not later than 48 hours after the activity to acquire 
     the geolocation information has occurred, or begins to occur, 
     the investigative or law enforcement officer shall seek a 
     warrant or order described in subsection (b) approving the 
     acquisition; and
       ``(B) unless a warrant or order described in subsection (b) 
     is issued approving the acquisition, the activity to acquire 
     the geolocation information shall terminate immediately at 
     the earlier of the time--
       ``(i) the information sought is obtained;
       ``(ii) the application for the warrant or order is denied; 
     or
       ``(iii) at which 48 hours have elapsed since the activity 
     to acquire the geolocation information began to occur.
       ``(3) Violation and suppression of evidence.--
       ``(A) In general.--In a circumstance described in 
     subparagraph (B), a court may determine that--
       ``(i) no information obtained, or evidence derived from, 
     geolocation information acquired as part of the accessing or 
     use of an electronic communications device to acquire 
     geolocation information may be received into evidence or 
     otherwise disclosed in any trial, hearing, or other 
     proceeding in or before any court, grand jury, department, 
     office, agency, regulatory body, legislative committee, or 
     other authority of the United States, a State, or political 
     subdivision thereof; and
       ``(ii) no information concerning any person acquired from 
     the geolocation information may be used or disclosed in any 
     other manner, without the consent of the person.
       ``(B) Circumstances.--A circumstance described in this 
     subparagraph is any instance in which--
       ``(i) an investigative or law enforcement officer does 
     not--

       ``(I) obtain a warrant or order described in subsection (b) 
     within 48 hours of commencing the accessing or use of the 
     electronic communications device; or
       ``(II) terminate the activity to acquire geolocation 
     information in accordance with paragraph (2)(B); or

       ``(ii) a court denies the application for a warrant or 
     order approving the accessing or use of an electronic 
     communications device to acquire geolocation information.
       ``(e) Assistance and Compensation.--
       ``(1) In general.--A warrant described in subsection (b)(1) 
     authorizing the accessing or use of an electronic 
     communications device to acquire geolocation information 
     shall, upon request of the applicant, direct that a provider 
     of electronic communication service, remote computing 
     service, or geolocation information service shall provide to 
     the applicant forthwith all information, facilities, and 
     technical assistance necessary to accomplish the acquisition 
     unobtrusively and with a minimum of interference with the 
     services that the provider is providing to or through the 
     electronic communications device in question.
       ``(2) Compensation.--Any provider of electronic 
     communication service, remote computing service, or 
     geolocation information service providing information, 
     facilities, or technical assistance under a directive under 
     paragraph (1) shall be compensated by the applicant for 
     reasonable expenses incurred in providing the information, 
     facilities, or assistance.
       ``(f) No Cause of Action Against a Provider.--No cause of 
     action shall lie in any court against any provider of 
     electronic communication service, remote computing service, 
     or geolocation information service, or an officer, employee, 
     or agent of the provider or other specified person for 
     providing information, facilities, or assistance necessary to 
     accomplish an acquisition of geolocation information 
     authorized under this section.''.
       (b) Technical and Conforming Amendments.--Title 18 of the 
     United States Code is amended--
       (1) in the table of sections for chapter 121, by adding at 
     the end the following:

``2713. Location tracking of electronic communications device.'';

       (2) in section 2703--
       (A) in subsection (d), as redesignated by section 3, by 
     inserting ``geolocation information service, or remote 
     computing service,'' after ``electronic communication 
     service,'';
       (B) in subsection (e)(1), as redesignated by section 3, by 
     striking ``electronic communication services or a'' and 
     inserting ``electronic communication service, geolocation 
     information service, or''; and
       (C) in subsection (f), as redesignated by section 3--
       (i) by inserting ``, geolocation information service,'' 
     after ``electronic communication service''; and
       (ii) by inserting ``, geolocation information,'' after 
     ``contents of communications'';
       (3) in section 2711--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(5) the term `electronic communications device' means any 
     device that enables access to or use of an electronic 
     communications system, electronic communication service, 
     remote computing service, or geolocation information service;
       ``(6) the term `geolocation information'--
       ``(A) means any information concerning the location of an 
     electronic communications device that is in whole or in part 
     generated by or derived from the operation or use of the 
     electronic communications device;
       ``(B) does not include--
       ``(i) information described in section 2703(b)(2)(B); or
       ``(ii) the contents of a communication;
       ``(7) the term `geolocation information service' means the 
     provision of a global positioning service or other mapping, 
     locational, or directional information service;
       ``(8) the term `electronic communication identifiable 
     information' means the--
       ``(A) name of a person or entity;
       ``(B) address of a person or entity;
       ``(C) records of session times and durations of a person or 
     entity;
       ``(D) length of service and types of service used by a 
     person or entity;
       ``(E) telephone or instrument number or other subscriber 
     number or identity (including any temporarily assigned 
     network address) of a person or entity; and
       ``(F) dialing, routing, addressing, and signaling 
     information associated with each communication to or from the 
     subscriber account of a person or entity (including the date, 
     time, and duration of the communications, without 
     geographical limit);
       ``(9) the term `toll billing records' means the--
       ``(A) name of a person or entity;
       ``(B) address of a person or entity;
       ``(C) length of service of a person or entity; and
       ``(D) local and long distance billing records of a person 
     or entity; and
       ``(10) the term `customer' means any person, or authorized 
     representative of that person, who used or is using any 
     service provided by an electronic communication service, 
     remote computing service, or geolocation information service, 
     regardless of whether the service was, or is, being provided 
     for a monetary fee.''; and
       (4) in section 3127--
       (A) in paragraph (1), by striking ``and `contents' have'' 
     and inserting `` `contents', and `geolocation information' 
     have'';
       (B) in paragraph (3), by inserting `` or geolocation 
     information,'' after ``contents of any communication''; and

[[Page S3057]]

       (C) in paragraph (4), by inserting ``or geolocation 
     information'' after ``contents of any communication''.

     SEC. 6. REQUIRED DISCLOSURE OF LOCATION INFORMATION AND 
                   WARRANT REQUIREMENT.

       Section 2703 of title 18, United States Code, as amended by 
     section 3, is amended by adding at the end the following:
       ``(g) Location Information.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     governmental entity may not require a provider of electronic 
     communication service, remote computing service, or 
     geolocation information service to disclose geolocation 
     information contemporaneously or prospectively.
       ``(2) Exceptions.--
       ``(A) Warrants.--A governmental entity may require a 
     provider of electronic communication service, remote 
     computing service, or geolocation information service to 
     disclose geolocation information contemporaneously or 
     prospectively pursuant to a warrant issued and executed in 
     accordance with the Federal Rules of Criminal Procedure (or, 
     in the case of a State court, issued using State warrant 
     procedures), issued by a court of competent jurisdiction.
       ``(B) Call for emergency services.--A provider of 
     electronic communication service, remote computing service, 
     or geolocation information service may provide geolocation 
     information contemporaneously or prospectively to a 
     governmental entity as permitted under section 222(d)(4) of 
     the Communications Act of 1934 (47 U.S.C. 222(d)(4)) in order 
     to respond to a call for emergency services by a user of an 
     electronic communications device.
       ``(3) Historical location information.--
       ``(A) In general.--A governmental entity may require a 
     provider of electronic communication service, remote 
     computing service, or geolocation information service to 
     disclose historical geolocation information pertaining to a 
     subscriber or customer of the provider only if the 
     governmental entity--
       ``(i) obtains a warrant issued and executed in accordance 
     with the Federal Rules of Criminal Procedure (or, in the case 
     of a State court, issued using State warrant procedures) that 
     is issued by a court of competent jurisdiction directing the 
     disclosure;
       ``(ii) obtains a court order directing the disclosure under 
     subsection (c); or
       ``(iii) has the consent of the subscriber or customer to 
     the disclosure.
       ``(B) Notice not required.--A governmental entity that 
     receives historical geolocation information under 
     subparagraph (A) is not required to provide notice to a 
     subscriber or customer.''.

     SEC. 7. VOLUNTARY DISCLOSURES TO PROTECT CYBERSECURITY.

       Section 2702 of title 18, United States Code is amended--
       (1) in subsection (b)(5), by inserting ``, cybersecurity,'' 
     after ``rights'';
       (2) in subsection (c)(3), by inserting ``, cybersecurity,'' 
     after ``rights''; and
       (3) by adding at the end the following:
       ``(e) Reporting of Cybersecurity Disclosures.--On an annual 
     basis, the Attorney General of the United States shall submit 
     to the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate a report containing--
       ``(1) the number of accounts from which the Federal 
     Government has received voluntary disclosures under 
     subsection (b)(5) that pertain to the protection of 
     cybersecurity; and
       ``(2) a summary of the basis for disclosure in each 
     instance where--
       ``(A) a voluntary disclosure under subsection (b)(5) that 
     pertains to the protection of cybersecurity was made to the 
     Department of Justice; and
       ``(B) the investigation pertaining to the disclosure was 
     closed without the filing of criminal charges.''.

     SEC. 8. ELECTRONIC COMMUNICATION IDENTIFIABLE INFORMATION.

       (a) In General.--Section 2709(a) of title 18, United States 
     Code, is amended by striking ``electronic communication 
     transactional records'' and inserting ``electronic 
     communication identifiable information''.
       (b) Required Certification.--Section 2709(b) of title 18, 
     United States Code, is amended to read as follows:
       ``(b) Required Certification.--The Director of the Federal 
     Bureau of Investigation, or a designee in a position not 
     lower than Deputy Assistant Director at Bureau headquarters 
     or a Special Agent in Charge in a Bureau field office 
     designated by the Director, may request the toll billing 
     records and electronic communication identifiable information 
     of a person or entity if the Director (or designee) certifies 
     in writing to the wire or electronic communication service 
     provider or geolocation information service provider to which 
     the request is made that the toll billing records and 
     electronic communication identifiable information sought are 
     relevant to an authorized investigation to protect against 
     international terrorism or clandestine intelligence 
     activities, provided that such an investigation of a United 
     States person is not conducted solely on the basis of 
     activities protected by the First Amendment to the 
     Constitution of the United States.''.
                                 ______