DP Tool Club 8/CDASC08.ISO/VRAC/HISTDOCS.ZIP/ECPA.ACT

Internet Message Format | 1993-09-07 | 62.7 KB

Date: Sun, 20 Jul 86 00:52:24 pdt
From: well![e-mail] (Glenn S. Tenney)
To: [e-mail]
Subject: Article Submission


I am submitting this to mod.telecom.  If I see it appear on the net,
I'll post a reference to it in net.legal/news/mail.

The Electronic Communications Privacy Act of 1986, which has passed the
House, now is a bill in the Senate (S.2575).  This one Act affects every
usenet, bitnet, bbs, shortwave listener, TV viewer, etc.  So that you
can see what is being proposed, I have keyed it in fairly quickly.
There may be some errors, so please do NOT consider this as the
official bill.  I have made a few abbreviations (ie. FCC, FBI, USC)
which should be obvious in context.  I entered this in four parts and
later combined them and think I got all 52 pages.

If you want your own official copy, send your request to:
  Senate Document Room
  Hart Senate Office Building, B 004
  Washington, D.C. 20510-7016

I disclaim my typing skills, but good luck anyway.  Maybe this will
evoke some discussion or maybe even letters to our Senators.


-- Glenn Tenney

UUCP: {hplabs,glacier,lll-crg,ihnp4!ptsfa}!well!tenney
ARPA: well![e-mail]        Delphi and MCI Mail: TENNEY

-----------------------cut here-----------------------------------

S.2575

99th CONGRESS 2d Session


To amend title 18, USC, with respect to the interception of certain
communications, other forms of surveillance, and for other purposes.


In the Senate of the US
Jun 19 (legislative day, June 16), 1986

Mr. Leahy (for himself and Mr. Mathias) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary




A BILL

To amend title 18, USC, with respect to the interception of certain
communications, other forms of surveillance, and for other purposes.

Be it enacted by the Senate and House of Representatives of the USA in
Congress assembled,

Section 1.
    Short title This Act may be cited as the "Electronic
Communications Privacy Act of 1986".

TITLE I - INTERCEPTIONS OF COMMUNICATIONS AND RELATED MATTERS

Sec. 101. Federal Pelalties for the interception of communications.

(a) Definitions. -- (1) Section 2510(1) of title 18, USC, is amended--

    (A) by striking out "any communication" and inserting "any
aural transfer" in lieu thereof;

    (B) by inserting "(including the use of such connection in a
switching station)" after "reception".

    (C) by striking out "as a common carrier" and

    (D) by inserting before the semicolon at the end the
following: "or communications affecting interstate or foreign
commerce, but such term does not include the radio portion of a
cordless telephone communication that is transmitted between the
cordless telephone handlset and the base unit".

    (2) Section 2510(2) of title 18, USC, is amended by inserting
before the semicolon at the end the following: ", but such term does
not include any electronic communication".

    (3) Section 2510(4) of title 18, USC, is amended--

    (A) by inserting "or other" after "aural"; and

    (B) by inserting ", electronic," after "wire".

    (4) Section 2510(8) of title 18, USC, is amended by striking
out "identity of the parties to such communication or the existence,".

    (5) Section 2510 of title 18, USC, is amended--

    (A) by striking out "and" at the end of paragraph (1);

    (B) by striking out the period at the end of paragraph (11)
and inserting a semicolon in lieu thereof; and

    (C) by adding at the end the following:

    "(12) 'electronic communication' means any transfer of signs,
signals, writing, images, sounds, data or intelligence of any nature
transmitted in whole or in part by wire, radio, electromagnetic,
photoelectronic or photooptical system that affexts interstate or
foreign commerce, but does not include--

    "(A) the radio portion of a cordless telephone communication
that is transmitted between the cordless telephone handset and the
base unit;

    "(B) any wire or oral communication;

    "(C) communication made through a tone-only paging device; or

    "(D) any communication from a tracking device (as defined in
section 3117 of this title);

    "(13) 'user' means any person or entity who--

    "(A) uses an electronic communications service; and

    "(B) is duly authorized by the provider of such service to
engage in such use;

    "(14) 'electronic communications system' means any wire,
radio, electromagnetic, photooptical or photoelectronic facilities for
the transmission of electronic communications, and any computer
facilities or related electronic equipment for the electronic storage
of such communications;

    "(15) 'electronic communications service' means any service
which provides to users thereof the ability to send or receive wire or
electronic communications;

    "(16) ' readily accessible to the general public' means, with
respect to a radio communication, that such communication is not--

    "(A)" scrambled or encrypted;

    "(B) transmitted using modulation techniques whose essential
parameters have been withheld from the public with the intention of
preserving the privacy of such communication;

    "(C) carried on a subcarrier or other signal subsidiary to a
radio transmission;

    "(D)" transmitted over a communication system provided by a
common carrier, unless the ocmmunication is a tone only paging system
communication; or

    "(E) transmitted on frequencies allocated under part 25,
subpart D, E, or F of part 74, or part 94 of the rules of the FCC,
unless, in the case of a communication transmitted on a frequency
allocated under part 74 that is not exclusively allocated to broadcast
auxiliary services, the communication is a two-way voice communication
by radio;

    "(17) 'electronic storage' means--

    "(A) any temporary, intermediate storage of a wire or
electronic communication incidental to the electronic transmission
thereof; and

    "(B) any storage of such communication by an electronic
communication service for purposes of backup protection of such
communication; and

    "(18) 'aural transfer' means a transfer containing the human
voice at any point between and including the point of origin and the
point of reception.".

    (b) Exceptions With Respect to Electronic Communications--

    (1) Section 2511(2)(d) of title 18, USC, is amended by
striking out "or for the purpose of committing any other injurious
act".

    (2) Section 2511(2)(f) of title 18, USC, is amended--

    (A) by inserting "or chapter 121" after "this chapter"; and

    (B) by striking out "by" the second place it appears and
inserting in lieu thereof ", or foreign intelligence activities
conducted in accordance with  otherwise applicable Federal law
involving a foreign electronic communications system, utilizing".

    (3) Section 2511(2) of title 18, USC, is amended by adding at
the end the following:

    "(g) It shall not be unlawful under this chapter or chapter
121 of this title for any person--

    "(i) to intercept or access an electronic communication made
through an electronic communication system that is configured so that
such electronic communication is readily accessible to the general
public;

    "9ii) to intercept any radio communication which is
transmitted--

    "(I) by any station for the use of the general public, or that
relates to ships, aircraft, vehicles, or persons in distress;

    "(II) by any governmental, law enforcement, civil defense, or
public safety communications system, including police and fire,
readily accessible to the general public;

    "(III) by a station operating on a frequency assigned to the
amateur, citizens band or general mobile radio services; or

    "(IV) by any marine or aeronautical communications system;

    "(iii) to engage in any conduct which --

    "(I) is prohibited by section 633 of the Communications Act of
1934; or

    "(II) is expcepted from the application of section 705(a) of
the Communications Act of 1934 by section 705(b) of that Act.

    "(iv) to intercept any wire or electronic communication the
transmission of which is causing harmful interference to any lawfully
operating station, to the extent necessary to indentify the source of
such interference; or

    "(v) for other users of the same frequence to intercept any
radio communication made through a common carrier system that utilizes
frequencies monitored by individuals engaged in the provision or the
use of such system, if such communication is not scrambled encrypted.

    "(h) It shall not be unlawful under this chapter--

    "(i) to use a pen register (as that term is defined for the
purposes of chapter 206 (relating to pen registers) of this title);

    "(ii) for a provider of electronic communication service to
record the fact that a wire or electronic communication was initiated
or completed in order to protect such provider, another provider
furnishing service toward the completion of the wire or electronic
communication, or a user of that service, from fraudulent, unlawful or
abusive use of such service; or

    :(iii) to use a device that captures the incoming electronic
or other impulses which identify the numbers of an instrument from
which a wire communication was transmitted.".


    (c) Technical and Conforming Amendments. --

    (1) Chapter 119, of title 18, USC, is amended--

    (A) in each of sections 2510(5), 2510(8), 2510(9)(b),
2510(11), adn 2511 through 2519 (except sections 2516(1) and
2518(10)), by striking out "wire or oral" each place it appears
(including in any section heading) and inserting "wire, oral, or
electronic" in lieu thereof; and

    (B) in section 2511(2)(b), by inserting "or electronic" after
"wire".

    (2) The heading of chapter 119 of title 18, USC, is amended by
inserting "AND ELECTRONIC COMMUNICATIONS" after "WIRE".

    (3) The term relating to chapter 119 in the table of chapters
at the beginning of part I of title 18 of the USC is amended by
inserting "and electronic communications" after "wire".

    (4) Section 2510(5)(a) of title 18, USC, is amended by
striking out "communications common carrier" and inserting "provider
of wire or electronic communication service" in lieu thereof.

    (5) Section 2511(a)(i) of title 18, USC, is amended--

    (A) by striking out "any communication common carrier" and
inserting "a provider of wire or electronic communication service" in
lieu thereof;

    (B) by striking out "of the carrier of such communication" and
inserting "of the provider of that service" in lieu thereof; and

    (C) by striking out ": PROVIDED, That said communication
common carriers" and inserting ", except that a provider of wire
communication service to the public" in lieu thereof.

    (6) Section 2511(a)(ii) of title 18, USC, is amended--

    (A) by striking out "communication common carrier" and
inserting "providers of wire or electronic communication service" in
lieu thereof;

    (B) by striking out "communication common carrier" each place
it appears and inserting "provider of wire or electronic communication
service" in lieu thereof; and

    (C) by striking out "if the common carrier" and inserting "if
such provider" in lieu thereof.

    (7) Section 2512(2)(a) of title 18, USC, is amended--

    (A) by striking out "a communications common carrier" the
first place it appears and inserting "a provider of wire or electronic
communication service" in lieu thereof; and

    (B) by striking out "a communications common carrier" the
second place it appears and isnerting "such provider" in lieu thereof;
and

    (C) by striking out "communications common carrier's business"
and inserting "business of providing that wire or electronic
communication service" in lieu thereof.

    (8) Section 2518(4) of title 18, USC, is amended by striking
out "communication common carrier" and inserting "provider of
electronic communication service" in lieu thereof.

    (d) PENALITES MODIFICATION. --

    (1) Section 2511(1) of title 18, USC, is amended by striking
out "shall be" and all that follows through "or both" and inserting in
lieu thereof "shall be punished as provided in subsection (4)".

    (2) Section 2511 of title 18, USC, is amended by adding after
the material added by section 102 the following:

    "(4)(a) Except as provided in paragraph (b) of this
subsection, whoever violates subsection (1) of this section shall be
fined under this title or imprisoned not more than five years, or
both.

    "(b) If the offense is a first offense under paragraph (a) of
this subsection and is not for a torious or illegal purpose or for
purposes of direct or indirect commercial advantage or private
commercial gain, and the wire or electronic communication with respect
to which the offense under paragraph (a) is a radio communication,
then--

    "(i) if the communication is not the radio portion of a
cellular telephone communication, the offender shall be fined under
this title or imprisoned not more than one year, or both; and

    "(ii) if the communication is the radio portion of a cellular
telephone communication, the offender shall be fined not more than
$500 or imprisoned not more than six months, or both.

    "(c) Conduct otherwise an offense under this subsection that
consists of or relates to the interception of a satellite transmission
that is not encrypted or scrambled and that is transmitted to a
broadcasting station for purposes of retransmission to the general
public is not an offense under this subsection unless the conduct is
for the purposes of direct or indirect commercial advantage or private
financial gain.".

    (e) EXCLUSIVITY OF REMEDIES WITH RESPECT TO ELECTRONIC
COMMUNICATIONS.--  Section 2518(10) of title 18, USC, is amended by
adding at the end the following:

    "(c) The remedies and sanctions described in this chapter with
respect to the interception of electronic communications are the only
judicial remedies and sanctions for nonconstitutional ciolations of
this chapter involving such communications.".

SEC. 102. REQUIREMENTS FOR CERTAIN DISCLOSURES.

    Section 2511 of title 18, USC, is amended by adding at the end
the following:

    "(3)(A) Except as provided in subparagraph (B) of this
paragraph, a person or entity providing an electronic communication
service to the public shall not willfully divulge the contents of any
communication (other than one to such person or entity, or an agent
thereof) while in transmission on that service to any person or entity
other than an addressee or intended recipient of such communication or
an agent of such addressee or intended recipient.

    "(B) A person or entity providing electronic communication
service to the public may divulge the contents of any such
communication--

    "(i) as otherwise authorized in section 2511(2)(a) or 2517 of
this title;

    "(ii) with the lawful consent of the originator or any
addressee or intended recipient of such communication;

    "(iii) to a person employed or authorized, or whose facilities
are used, to forward such communication to its destination; or

    "(iv) which were inadvertently obtained by the service
provider and which appear to pertain to the commission of a crime, if
such divulgence is made to a law enforcement agency.".






Sec. 103. RECOVERY OF CIVIL DAMAGES.

    Section 2520 of title 18, USC, is amended to read as follows:

"secton 2520. Recovery of civil damages authorized

    "(a) IN GENERAL. -- Any person whose wire, oral, or electronic
communication is intercepted, disclosed, or willfully used in
violation of this chapter may in a civil action recover from the
person or entity which engaged in that violation such relief as may be
appropriate.

    "(b) RELIEF. -- In an action under this section, appropriate
relief includes--

    "(1) such preliminary and other equitable or declaratory
relief as may be appropriate;

    "(2) damages under subsection (c) and punitive damages in
appropriate cases; and

    "(3) a reasonable attorney's feee and other litigation costs
reasonably incurred.

    "(c) COMPUTATION OF DAMAGES. -- The court may assess as
damages in an action under this section whichever is the greater of --

    "(1) the sum of the actual damages suffered by the plaintiff
and any profits made by the violator as a result of the violation; or

    "(2) statutory damages of whichever is the greater of $100 a
day for each day of violation or $10,000.

    "(d) DEFENSE. -- A good faith reliance on---

    "(1) a court warrant or order, a grand jury subpoena, a
legislative authorization, or a statutory authorization;

    "(2) a request of an investigative or law enforcement officer
under section 2518(7) of this title; or

    "(3) a good faith determination that section 2511(3) of this
title permitted the conduct complained of;

    is a complete defense against any civil or criminal action
brought under this chapter or any other provision of law.

    "(e) LIMITATION. -- A civil action under this section may not
be commenced later than two years after the date upon which the
claimant first has a reasonable opportunity to discover the
violation.".

Sec. 104. CERTAIN APPROVALS BY JUSTICE DEPARTMENT OFFICIALS

    Section 2516(1) of title 18 of the USC is amended by striking
out "or any Assistant Attorney General" and inserting in lieu thereof
"or any Assistant Attorney General, any acting Assistant Attorney
General, or any Deputy Assistant Attorney General in the Criminal
Division".

Sec. 105. ADDITION O OFFENSES TO CRIMES FOR WHICH INTERCEPTION IS
AUTHORIZED.

    (a) WIRE AND ORAL INTERCEPTIONS. -- Section 2516(1) of title
18 of the USC is amended--

    (1) in paragraph (c)--

    (A) by inserting "section 751 (relating to escape)," after
"wagering information),";

    (B) by striking out "2314" and inserting "2312, 2313, 2314,"
in lieu thereof;

    (C) by inserting "the second section 2320 (relating to
trafficking in certain motor vehicles or motor vehicle parts), section
1203 (relating to hostage taking), section 1029 (relating to fraud and
related activity in connection with access devices), section 3146
(relating to penalty for failure to appear), section 3521(b)(3)
(relating to witness relocation and assistance), section 32 (relating
to destruction of aircraft or aircraft facilities)," after "stolen
property),";

    (D) by inserting "section 1952A (relating to use of interstate
commerce facilities in the commission of murder for hire), section
1952B (relating to violent crimes in aid of racketeering activity),"
after "1952 (interstate and fireign travel or transportation in aid of
racketeering enterprises),"; and

    (E) by inserting ", section 115 (relating to threatening or
retaliating against a Federal official), the section in chapter 65
relating to destruction of an energy facility, and section 1341
(relating to mail fraud)," after "section 1963 (violations with
respect to racketeer influenced and corrupt organizations)";

    (2) by striking out "or" at the end of paragraph (g);

    (3) by inserting after paragraph (g) the following:

    "(h) any felony violation of sections 2511 and 2512 (relating
to interception and disclosure of certain communications and to
certain intercepting devices) of this title;

    "(i) the location of any fugitive from justice from an
offense described in this section; or"; and

    (4) by redesignating paragraph (h) as paragraph (j).

    (b) INTERCEPTION OF ELECTRONIC COMMUNICATIONS. -- Section 2516
of title 18 of the USC is amended by adding at the end the following:

    "(3) Any attorney for the Government (as such term is defined
for the purposes of the Federal Rules of Criminal Procedure) may
authorize an application to a Federal judge of competent jurisdiction
for, and such judge may grant, in conformity with section 2518 of this
title, an order authorizing or approving the interception of
electronic communications by an investigative or law enforcement
officer having responsibility for the investigation of the offense as
to which the application is made, when such interception may provide
or has provided evidence of any Federal felony.".

Sec. 106. APPLICATIONS, ORDERS, AND IMPLEMENTATION OF ORDERS.

    (a) PLACE OF AUTHORIZED INTERCEPTION. -- Section 2518(3) of
title 18 of the USC is amended by inserting "(and outside that
jurisdiction but within the US in the case of a mobile interception
device authorized by a Federal court within such jurisdiction)" after
"within the territorial jurisdiction  of the court in which the judge
is sitting".

    (b) REIMBURSEMENT FOR ASSISTANCE. -- Section 2518(4) of title
18 of the USC is amended by striking out "at the prevailing rates" and
inserting in lieu thereof "for reasonable expenses incurred in
providing such facilities or assistance".

    (c) COMMENCEMENT OF THIRTY-DAY PERIOD AND POSTPONEMENT OF
MINIMIZATION. -- Section 2518(5) of title 18 of the USC is amended--

    (1) by inserting after the first sentence the following: "Such
thirty-day period begins on the earlier of the day on which the
investigative or law enforcement officer first begins to conduct an
interception under the order or ten days after the order is entered."
and

    (2) by adding at the end the following: "In the event the
intercepted communication is in a code or foreign language, and an
expert in that foreign language or code is not reasonably available
during the interception period, minimization may be accomplished as
soon as practicable after such interception.  An interception under
this chapter may be conducted in whole or in part by Government
personnel, or by an individual operating under a contract with the
Government, acting under the supervision of an investigative or law
enforcement officer authorized to conduct the interception.".

    (d) ALTERNATIVE TO DESIGNATING SPECIFIC FACILITIES FROM WHICH
COMMUNICATIONS ARE TO BE INTERCEPTED. --

    (1) Section 2518(1)(b)(ii) of title 18 of the USC is amended
by inserting "except as provided in subsection (11)," before "a
particular description".

    (2) Section 2518(3)(d) of title 18 of the USC is amended by
inserting "except as provided in subsection (11)," before "there is".

    (3) Section 2518 of title 18 of the USC is amended by adding
at the end the following:

    "(11) The requirements of subsections (1)(b)(ii) and (3)(d) of
this section relating to the specification of the facilities from
which, or the place where, the communication is to be intercepted do
not apply if--

    "(i) in the case of an application with respect to the
interception of an oral communication--

    "(I) the application is by a Federal investigative or law
enforcement officer and is approved by the Attorney General, the
Deputy Attorney General, the Associate Attorney General, an Assistant
Attorney General, or an acting Assistant Attorney General;

    "(II) the application contains a full and complete statement
as to why such specification is not practical and identifies the
person committing the offense and whose communications are to be
intercepted; and

    "(III) the judge finds that such specification is not
practical; and

    "(ii) in the case of application with respect to wire or
electronic communication--

    "(I) the application is by a Federal investigative or law
enforcement officer and is approved by the Attorney General, the
Deputy Attorney General, the Associate Attorney General, an Assistant
Attorney General, or an acting Assistant Attorney General;

    "(II) the application identifies the person believed to be
committing the offense and whose communications are to be intercepted
and the applicant makes a showing of a purpose, on the part of that
person, to thwart interception by changing facilities; and

    "(III) the judge finds that such purpose has been adequately
shown.

    "(12) An interception of a communication under an order with
respect to which the requirements of subsections (1)(b)(ii) and (3)(d)
of this section do not apply by reason of subsection (11) shall not
begin until the facilities from which, or the place where, the
communication is to be intercepted is ascertained by the person
implementing the interception order.".

    (4) Section 2519(1)(b) of title 18, USC, is amended by
isnerting "(including whether or not the order was an order with
respect to which the requirements of sections 2518(1)(b)(ii) and
2518(3)(d) of this title did not apply by reason of section 2518(11)
of this title)" after "applied for".

 Sec. 107. INTELLIGENCE ACTIVITIES.

    (a) IN GENERAL. --  Nothing in the Act or the amendments made
by this Act constitutes authority for the conduct of any intelligence
activity.

    (b) CERTAIN ACTIVITIES UNDER PROCEDURES APPROVED BY THE
ATTORNEY GENERAL. -- Nothing in chapter 119 or chapter 121 of title
18, USC, shall affect the conduct, by officers or employees of the US
Government in accordance with other applicable Federal law, under
procedures approved by the Attorney General of activities intended
to--

    (1) intercept encrypted or other official communications of US
executive branch entities or US Government contractors for
communicatons security purposes;

    (2) intercept radio communications transmitted between or
among foreign powers or agents of a foreign power as defined by the
Foreign Intelligence Surveillance Act of 1978; or

    (3) access an electronic communication system used exclusively
by a foreign power or agent of a foreign power as defined by the
Foreign Intelligence Surveillance Act of 1978.

Sec. 108. MOBILE TRACKING DEVICES.

    (a) IN GENERAL. -- Chapter 205 of title 18, USC, is amended by
adding at the end the following:

"section 3117. Mobile tracking devices

    "(a) IN GENERAL. --  If a court is empowered to issue a
warrant or other order for the installation of a mobile tracking
device, such order may authorize the use of that device within the
jurisdiction of the court, and outside that jurisdiction if the device
is installed in that jurisdiction.

    "(b) DEFINITION. -- As used in this section, the term
'tracking device' means an electronic or mechanical device which
permits the tracking of the movement of a person or object.".

    (b) CLERICAL AMENDMENT. -- The table of contents at the
beginning of chapter 205 of title 18, USC, is amended by adding at the
end the following:

    "3117. Mobile tracking devices.".

Sec. 109. WARNING SUBJECT OF SURVEILLANCE.

    Section 2232 of title 18, USC, is amended--

    (1) by inserting "(a) PHYSICAL INTERFERENCE WITH SEARCH.--"
before "Whoever" the first place it appears;

    (2) by isnerting "(b) NOTICE OF SEARCH.--" before "Whoever"
the second place it appears; and

    (3) by adding at the end the following:

    "(c) NOTICE OF CERTAIN ELECTRONIC SURVEILLANCE.-- Whoever,
having knowledge that a Federal investigative or law enforcement
officer has been authorized or has applied for authorization under
chapter 119 to intercept a wire, oral, or electronic communication, in
order to obstruct, impede, or prevent suche interception, gives notice
or attempts to give notice of the possible interception to any person
shall be fined under this title or imprisoned not more than five
years, or both.

    "Whoever, having knowledge that a Federal officer has been
authorized or has applied for authorization to conduct surveillance
under the Foreign Intelligence Surveillance Act (50 USC 1801, et
seq.), in order to obstruct, impede, or prevent such activity to any
person shall be fined under this title or imprisoned not more than
five years, or both.".

Sec. 110 INJUNCTIVE REMEDY.

    (a) IN GENERAL. -- Chapter 119 of title 18 , USC, is amended
by adding at the end the following:

"section 2521. Injunction against illegal interception

    "Whenever it shall appear that any person is engaged or is
about to engage in any act which constitutes or will constitute a
felony violation of this chapter, the Attorney General may initiate a
civil action in a district court of the US to enjoin such violation.
The court shall proceed as soon as practicable to the hearing and
determination of such an action, and may, at any time before final
determination, enter such a restraining order or prohibition, or take
such other action, as is warranted to prevent a continuing and
substantial injury to the US or to any person or class of persons for
whose protection the action is brought.  A proceeding under this
section is governed by the Federal Rules of Civil Procedure, except
that, if an indictment has been returned against the respondent,
discovery is governed by the Federal Rules of Criminal Procedure.".

    (b) CLERICAL AMENDMENT. -- The table of sections at the
beginning of chapter 119 of title 18, USC, is amended by adding at the
end thereof the following:

    "2521. Injunction against illegal interception.".






Sec. 111. EFFECTIVE DATE.

    (a) IN GENERAL. -- Except as provided in subsection (b), this
title and the amendments made by this title shall take effect 90 days
after the date of the enactment of this Act and shall, in the case of
conduct pursuant to a court order or extension, apply only with
respect to cour orders or extensions made after this title takes
effect.

    (b) SPECIAL RULE FOR STATE AUTHORIZATIONS OF INTERCEPTIONS. --
Any interception pursuant to section 2516(2) of title of the USC which
would be valid and lawful without regard to the amendments made by
this title shall be valid and lawful notwithstanding such amendments
if such interception occurs during the period beginning on the date
such amendments take effect and ending on the earlier of--

        (1) the day before the date of the taking effect of
State law conforming the applicable State statute with chapter 119 of
title 18, USC, as so amended; or

        (2) the date two years after the date of the enactment
of this Act.




TITLE II --- STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
TRANSACTIONAL RECORDS ACCESS


SEC. 201. TITLE 18 AMENDMENT.


    Title 18, USC, is amended by inserting after chapter 119 the
following:


"CHAPTER 121 -- STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
TRANSACTIONAL RECORDS ACCESS

    "2701. Unlawful access to stored communications.
    "2702. Disclosure of contents.
    "2703. Requirements for governmental access.
    "2704. Backup preservation.
    "2705. Delayed notice.
    "2706. Cost reimbursement.
    "2707. Civil action.
    "2708. Exclusivity of remedies.
    "2709. Counterintelligence access to telephone toll and
           transactional records.
    "2710. Definitions.




"Section 2701. Unlawful access to stored communications

    "(a) OFFENSE.-- Except as provided in subsection (c) of this
section whoever--

        "(1) intentionally accesses without authorization a
facility through which an electronic communication service is
provided; or

        "(2) intentionally exceeds an authorization to access
that facility;

    and thereby obtains, alters, or prevents authorized access toa
wire or electronic communication while it is in electronic storage in
such system shall be punished as provided in subsection (b) of this
section.

    "(b) PUNISHMENT.-- The punishment for an offense under
subsection (a) of this section is--

        "(1) if the offense is committed for purposes of
commercial advantage, malicious destruction or damage, or private
commercial gain--

            "(A) a fine of not more than $250,000 or
imprisonment for not more than one year, or both, in the case of a
first offense under this subparagraph; and

            "(B) a fine under this title or imprisonment
for not more than two years, or both, for any subsequent offense under
this subparagraph; and

        "(2) a fine of not more than $5,000 or imprisonment
for not more than six months, or both, in any other case.

    "(c) EXCEPTIONS. -- Subsection (a) of this section does not
apply with respect to conduct authorized--

        "(1) by the person or entity providing a wire or
electronic communications service;

        "(2) by a user of that service with respect to a
communication of or intended for that user; or

        "(3) in section 2703 or 2704 of this title.




"Section 2702. Disclosure of contents

    "(a) PROHIBITIONS.-- Except as provided in subsection (b)--

        "(1) a person or entity providing an electronic
communication service to the public shall not knowingly divulge to any
person or entity the contents of a communication while in electronic
storage by that service; and

        "(2) a person or entity providing remote computing
service to the public shall not knowingly divulge to any person or
entity the contents of any communication which is carried or
maintained on that service--

            "(A) on behalf of, and received by means of
electronic transmission from (or created by means of computer
processing of communications received by means of electronic
transmission from), a subscriber or customer of such service; and

            "(B) solely for the purpose of providing
storage or computer processing services to such subscriber or
customer, if the provider is not authorized to access the contents of
any such communications for the purposes of providing any services
other than storage or computer processing.

    "(b) EXCEPTIONS.--  A person or entity may divulge the
contents of a communication--

        "(1) to an addressee or intended recipient of such
communication or an agent of such addressee or intended recipient;

        "(2) as otherwise authorized in section 2516,
2511(2)(a), or 2703 of this title;

        "(3) with the lawful consent of the originator or an
addressee or intended recipient of such communication, or the
subscriber in the case of remote computing service;

        "(4) to a person employed or authorized or whose
facilities are used to forward such communication to its destination;

        "(5) 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; or

        "(6) to a law enforcement agency if such contents--

            "(A) were inadvertently obtained by the
service provider; and

            "(B) appear to pertain to the commission of a
crime.





"Section 2703. Requirements for governmental access

    "(a) CONTENTS OF ELECTRONIC COMMUNICATIONS IN ELECTRONIC
STORAGE.-- A governmental entity may require the disclosure by a
provider of electronic communication service of the contents of a
non-voice wire communication or an electronic communication, that is
in electronic storage in an electronic communications system for one
hundred and eighty days or less, only pursuant to a warrant issued
under the Federal Rules of Criminal Procedure or equivalent State
warrant.  A governmental entity may require the disclosure by a
provider of electronic communication that has been in electronic
storage in an electronic communications system for more than one
hundred and eighty days by the means available under subsection (b) of
this section.

    "(b) CONTENTS OF ELECTRONIC COMMUNICATIONS IN A REMOTE
COMPUTING SERVICE. --

        "(1) A governmental entity may require a provider of
remote computing service to disclose the contents of any electronic
communication to which this paragraph is made applicable by paragraph
(2) of this subsection--

            "(A) without required notice to the subscriber
or customer, if the governmental entity obtains a warrant issued under
the Federal Rules of Criminal Procedure or equivalent State warrant;
or

            "(B) with prior notice from the governmental
entity to the subscriber or customer if the governemntal entity--

                "(i) uses an administrative subpoena
authorized by a Federal or State statue or a federal or State grand
jury subpoena; or

                "(ii) obtains a court order for such
disclosure under subsection (d) of this section;

            except that delayed notice may be given
pursuant to section 2705 of this title.

        "(2) Paragraph (1) is applicable with respect to any
electronic communication that is held or maintained on that service--

            "(A) on behalf of, and received by means of
electronic transmission from (or created by means of computer
processing of communications received by means of electronic
transmission from), a subscriber or customer of such remote computing
service; and

            "(B) solely for the purpose of providing
storage or computer processing services to such subscriber or
customer, if the provider is not authorized to acces the contents of
any such communications for purposes of providing any services other
than storage or computer processing.

    "(c) RECORDS CONCERNING ELECTRONIC COMMUNICATIONS SERVICE OR
REMOTE COMPUTING SERVICE.--  A governmental entity may require a
provider of electronic communications service or remote computing
service to disclose a record or other information pertaining to a
subscriber to or customer of such service (not including the contents
of communications covered by subsection (a) or (b) of this section)
without required notice to the subscriber or customer if the
governmental entity---

        "(1) uses an administrative subpoena authorized by a
Federal or State statute, or a Federal or State grand jury subpoena;

        "(2) obtains a warrant issued under the Federal Rules
of Criminal Procedure or equivalent State warrant; or

        "(3) obtains a court order for such disclosure under
subsection (d) of this section;

    "(d) REQUIREMENTS FOR COURT ORDER.--  A court order for
disclosure under subsection (b) or (c) of this section shall issue
only if the governmental entity shows that there is reason to believe
the contents of a wire or electronic communication, or the records or
other information sought, are relevant to a legitimate law enforcement
inquiry.  In the case of a State governmental authority, such a court
order shall not issue if prohibited by the law of such State.





"Section 2704. Backup preservation

    "(a) BACKUP PRESERVATION.--

        "(1) A governmental entity acting under section
2703(b)(2) may include in its subpoena or court order a requirement
that the service provider to whom the request is directed create a
backup copy of the contents of the electronic communications sought in
order to preserve those communications.  Without notifying the
subscriber or customer of such subpoena or court order, such service
provider shall create such backup copy as soon as practicable
consistent with its regular business practices and shall confirm to
the governmental entity that such backup copy has been made.  Such
backup copy shall be created within two business days after receipt by
the service provider of the subpoena or court order.

        "(2) Notice to the subscriber or customer shall be
made by the governmental entity within three days after receipt of
such confirmation, unless such notice is delayed pursuant to section
2705(a).

        "(3) The service provider shall not destroy such
backup copy until the later of--

            "(A) the delivery of the information; or

            "(B) the resolution of any proceedings
(including appeals of any proceeding) concerning the government's
subpoena or court order.

        "(4) The service provider shall release such backup
copy to the requesting governmental entity no sooner than fourteen
days after the governmental entity's notice to the subscriber or
customer if such service provider--

            "(A) has not received notice from the
subscriber or customer that the subscriber or customer has challenged
the governmental entity's request; and

            "(B) has not initiated proceedings to
challenge the request of the governmental entity.

        "(5) A governmental entity may seek to require the
creation of a backup copy under subsection (a)(1) of this section if
in its sole discretion such entity determines that there is reason to
believe that notification under section 2703 of this title of the
existence of the subpoena or court order may result in destruction of
or tampering with evidence.  This determination is not subject to
challenge by the subscriber or customer or service provider.

    "(b) CUSTOMER CHALLENGES --

        "(1) Within fourteen days after notice by the
governmental entity to the subscriber or customer under subsection
(a)(2) of this section, such subscriber or customer may file a motion
to quash such subpoena or vacate such court order, with copies served
upon the governmental entity and with written notice of such challenge
to the service provider.  A motion to vacate a court order shall be
filed in the court which issued such order.  A motionto quash a
subpoena shall be filed in the appropriate US district court or State
court.    Such motion of application shall contain an affidavit or sworn
statement---

            "(A) stating that the applicant is a customer
or subscriber to the service from which the contents of electronic
communications maintained for him have been sought; and

            "(B) stating the applicant's reasons for
believing that the records sought are not relevant to a legitimate law
enforcement inquiry or that there has not been substantial compliance
with the provisions of this chapter in some other respect.

        "(2) Service shall be made under this section upon a
governmental entity by delivering or mailing by registered or
certified mail a copy of the papers to the person, office, or
department specified in the notice which the customer has received
pursuant to this chapter.  For the purposes of this section, the term
'delivery' has the meaning given that term in the Federal Rules of
Civil Procedure.

        "(3) If the court finds that the customer has comlied
with paragrphs (1) and (2) of this subsection, the court shall order
the governmental entity to file a sworn response, which may be filed
in camera if the governmental entity includes in its response the
reasons which make in camera review appropriate.  If the court is
unable to determine the motion or application on the basis of the
parties' initial allegations and response, the court may conduct such
additional proceedings as it deems appropriate.  All such proceedings
shall be complete and the motion or application decided as soon as
practicable after the filing of the governmental entity's response.

        "(4) If the court finds that the applicant is not the
subscriber or customer for whom the communications sought by the
governmental entity are maintained, or that there is a reason to
believe that the law enforcement inquiry is legitimate and that the
communications sought are relevant to that inquiry, it shall deny the
motion or application and order such process enforced.    If the court
finds that the applicant is the subscriber or customer for whom the
communications sought by the governmental entity are maintained, and
that there is not a reason to believe that the communications sought
are relevant to a legitimate law enforcement inquiry, or that there
has not been substantial compliance with the provisions of this
chapter, it shall order the process quashed.

        "(5) A court order denying a motion or applicaton
under this section shall not be deemed a final order and no
interlocutory appeal may be taken therefrom by the customer.





"Section 2705. Delayed notice

    "(a) DELAY OF NOTIFICATION.--

        "(1) A governmental entity acting under section
2703(b) of this title may--

            "(A) where a court order is sought, include in
the application a request, which the court shall grant, for an order
delaying the notification required under section 2703(b) of this title
for a period not to exceed ninety days, if the court determines that
there is reason to believe that notification of the existence of the
court order may have an adverse result described in paragraph (2) of
this subsection; or

            "(B) where an administrative subpoena
authorized by a Federal or State statute or a Federal or State grand
jury subpoena is obtained, delay the notification required under
section 2703(b) of this title for a period not to exceed ninety days
upon the execution of a written certification of a supervisory
official that there is reason to believe that notification of the
existence of the subpoena may have an adverse result described in
paragraph (2) of this subsection.

        "(2) An adverse result for the purposes of paragraph
(1) of this subsection is---

            "(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; or

            "(E) otherwise seriously jeopardizing an
investigation or unduly delaying a trial.

        "(3) The governmental entity shall maintain a true
copy of certification under paragraph (1)(B).

        "(4) Extensions of the delay of notification provided
in section 2703 of up to ninety days each may be granted by the court
upon application, or by certification by a governmental entity, but
only in accordance with subsection (b) or (c) of this section.

        "(5) Upon expiration of the period of delay of
notification under paragraph (1) or (4) of this subsection, the
governmental entity shall serve upon, or deliver by registered or
first-class mail to, the customer or subscriber a copy of the process
or request together with notice that--

            "(A) states with reasonable specificity the
nature of the law enforcement inquiry; and

            "(B) informs such customer or subscriber--

                "(i) that information maintained for
such customer or subscriber by the service provider named in such
process or request was supplied to or requested by that governmental
authority and the date on which the supplying or request took place;

                "(ii) that notification of such
customer was delayed;

                "(iii) what governmental entity or
court made the certification or determination pursuant to which that
delay was made; and

                "(iv) which provision of this chapter
allowed such delay.

        "(6) As used in this subsection, the term 'supervisory
official' means the investigative agent in charge or assistant
investigative agent in charge or an quivalent of an investigating
agency's headquarters or regional office, or the chief prosecuting
attorney or the first assistant prosecuting attorney or an equivalent
of a prosecuting attorney's headquarters or regional office.

    "(b) PRECLUSION OF NOTICE TO SUBJECT OF GOVERNMENTAL ACCESS.--
A governmental entity acting under section 2703, when it is not
required to notify the subscriber or customer under section
2703(b)(1), or to the extent that it may delay such notice pursuant to
subsection (a) of this section, may apply to a court for an order
commanding a provider of electronic communications service or remote
computing service to whom a warrant, subpoena, or court order is
directed, for such period as the court deems appropriate, not not
notify any other person of the existence of the warrant, subpoena, or
court order.  The court shall enter such an order if it determines
that there is reason to believe that notification of the existence of
the warrant, subpoena, or court order will result in---

        "(1) endangering the life or physical safety of an
individual;

        "(2) flight from prosecution;

        "(3) destruction of or tampering with evidence;

        "(4) intimidation of potential witnesses; or

        "(5) otherwise seriously jeopardizing an investigation
or unduly delaying a trial.





"Section 2706. Cost reimbursement

    "(a) PAYMENT.-- Except as otherwise provided in subsection
(c), a governmental entity obtaining the contents of communications,
records, or other information under section 2702, 2703, or 2704 of
this title shall pay to the person or entity assembling or providing
such information a fee for reimbursement for such costs as are
reasonably necessary and which have been directly incurred in
searching for, assembling, reproducing, or otherwise providing such
information.  Such reimbursable costs shall include any costs due to
necessary disruption of normal operations of any electronic
communication service or remote computing service in which such
information may be stored.

    "(b) AMOUNT.-- The amount of the fee provided by subsection
(a) shall be as mutually agreed by the governmental entity and the
person or entity providing the information, or, in the absence of
agreement, shall be as determined by the court which issued the order
for production of such information (or the court before which a
criminal prosecution relating to such information would be brought, if
no court order was issued for production of the information).

    "(c) The requirement of subsection (a) of this section does
not apply with respect to records or other information maintinaed by a
communications common carrier that relate to telephone toll records
and telephone listings obtained under section 2703 of this title.  The
court may, however, order a payment as described in subsection (a) if
the court determines the information required is unusually voluminous
in nature or otherwise caused an undue burden on the provider.





"Section 2707. Civil action

    "(a) CAUSE OF ACTION. -- Any provider of electronic
communications service, subscriber, or customer aggrieved by any
violation of this chapter in which the conduct constituting the
violation is engaged in with a knowing or intentional state of mind
may, in a civil action, recover from the person or entity which
engaged in that violation such relief as may be appropriate.

    "(b) RELIEF.-- In a civil action under this section,
appropriate relief includes--

        "(1) such preliminary and other equitable or
declaratory relief as may be appropriate;

        "(2) damages under subsection (c); and

        "(3) a reasonable attorney's fee and other litigation
costs reasonably incurred.

    "(c) DAMAGES.-- The court may assess as damages in a civil
action under this section the sum of the actual damages suffered by
the plaintiff and any profits made by the violator as a result of the
violation, but in no case shall a person entitled to recover receive
less than the sum of $1,000.

    "(d) DEFENSE.-- A good faith reliance on--

        "(1) a court warrant or order, a grand jury subpoena,
a legislative authorization, or a statutory authorization;

        "(2) a request of an investigative or law enforcement
officer under section 2518(7) of this title; or

        "(3) a good faith determination that section 2511(3)
of this title permitted the conduct complained of;

    is a complete defense to any civil or criminal action brought
under this chapter or any other law.

    "(e) LIMITIATION.-- A civil action under this section may not
be commenced later than two years after the date upon which the
claimant first discovered or had a reasonable opportunity to discover
the violation.





"Section 2708. Exclusivity of remedies

    "The remedies and sanctions described in this chapter are the
only judicial remedies and sanctions for nonconstitutional violations
of this chapter.





"Section 2709. Counterintelligence access to telephone toll and
transactional records

    "(a) DUTY TO PROVIDE.-- A Communications common carrier or an
electronic communication service provider shall comply with a request
made for telephone subscriber information and toll billing records
information, or electronic communication transactional records made by
the Director of the FBI under section (b) of this section.

    "(b) REQUIRE CERTIFICATION.-- The Director of the FBI (or an
individual within the FBI designated for this purpose by the Director)
may request any such information and records if the Director (or the
Director's designee) certifies in writing to the carrier or provider
to which the request is made that --

        "(1) the information sought is relevant to an
authorized foreign counter intelligence investigation; and

        "(2) there are specific and articulable facts giving
reason to believe that he person or entity to whom the onformation
sought pertains is a foreign power or an agent of a foreign as defined
in section 101 of the Foreign Intelligence Surveillance Act of 1978
(50 USC 1801).

    "(c) PROHIBITION OF CERTAIN DISCLOSURE. --  No communications
common carrier or service provider, or officer, employee, or agent
thereof, shall disclose to any person that the FBI has sought or
obtained access to information or records under this section.

    "(d) DISSEMINATION BY BUREAU.--  The FBI may disseminate
information and records obtained under this section only as provided
in guidlines approved by the Attorney General for foreign intelligence
collection and foreign counterintelligence investigations conducted by
the FBI, and, with respect to dissemination to an agency of the US,
only if such information is clearly relevant to the authorized
responsibilities of such agency.

    "(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL BODIES BE
INFORMED. --  On a semiannual basis the Director of the FBI shall
fully inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate concerning all requests made under subsection (b) of this
section.





"Section 2710. Definitions for chapter

    "As used in this chapter--

        "(1) the terms defined in section 2510 of this title
have, respectively, the definitions given such terms in that section;
and

        "(2) the term 'remote computing service' means the
provision to the public of computer storage or processing services by
means of an electronic communications system.".








    "(b) CLERICAL AMENDMENT.--  The table of chapters at the
beginning of part I of title 18, USC, is amended by adding at the end
the following:

    "121. Stored Wire and Electronic Communications and
Transactional Records Access.................................2701".






Sec. 202. EFFECTIVE DATE.

    This title and the amendments made by this title shall take
effect ninety days after the date of the enactment of this Act and
shall, in the case of conduct pursuant to a court order or extension,
apply only with respect to court orders or extensions made after this
title takes effect.








TITLE III -- PEN REGISTERS


Sec. 301. TITLE 18 AMENDMENT.

    "(a) IN GENERAL. -- Title 18 o the USC is amended by inserting
ater chapter 205 the following new chapter:



        "CHAPTER 206 -- PEN REGISTERS

    "Sec.
    "3121. General prohibition on pen register use; exception.
    "3122. Application for an order for a pen register.
    "3123. Issuance of an order for a pen register.
    "3124. Assistance in installation and use of a pen register.
    "3125. Reports concerning pen registers.
    "3126. Definitions for chapter.



"Section 3121. General prohibition on pen register use; exception

    "(a) IN GENERAL. -- Except as provided in this section, no
person may install or use a pen register without first obtaining a
court order under section 3123 of this title or under the Foreign
Intelligence Surveillance Act of 1978 (50 USC 1801 et seq.).

    "(b) EXCEPTION. -- The prohibition of subsection (a) does not
apply with respect to the use of a pen register by a provider of
electronic or wire commuication service --

        "(1) relating to the operation, maintenance, and
testing of a wire or electronic communication service or to the
protection of the rights or property of such provider, or to the
protection of users of that service from abuse of service or unlawful
use of service; or

        "(2) to record the fact that a wire or electronic
communication was initiated or completed in order to protect such
provider, another provider furnishing service toward the completion of
the wire communication, or a user of that service, from fraudulent,
unlawful or abusive use of service, or with the consent of the user of
that service.

    "(c) PENALTY. -- Whoever knowingly ciolates subsection (a)
shall be fined under this title or imprisoned not more than one year,
or both.





" Section 3122. Application for an order for a pen register

    "(a) APPLICATION. --

        "(1) An attorney for the Government may make
application for an order or an extension of an order under section
3123 of this title authorizing or approving the installation and use
of a pen register under this chapter, in writing under oath or
equivalent affirmation, to a court of competent jurisdiction.

        "(2) Unless prohibited by State law, a State
investigative or law enforcement officer may make application for an
order or an extension of an order under section 3123 of this title
authorizing or approving the installation and use of a pen register
under this chapter, in writing under oath or equivalent affirmation,
to a court of competent jurisdiction of such State.

    "(b) CONTENTS OF APPLICATION. -- An application under
subsection (a) of this section shall include--

        "(1) the identity of the attorney for the Government
or the State law enforcement or investigative officer making the
application and the identity of the law enforcement agency conducting
the investigation; and

        "(2) a certification by the applicant that the
information likely to be obtained is relevant to an ongoing criminal
investigation being conducted by that agency.





"Section 3123.  Issuance of an order for a pen register

    "(a) IN GENERAL.-- Upon an application made under section 3122
of this title, the court shall enter an ex parte order authorizing the
installation and use of a pen register within the jurisdiction of the
court if the court finds that the attorney for the government or the
State law enforcement or investigative officer has certified to the
court that the information likely to be obtained by such installation
and use is relevant to an ongoing criminal investigation.

    "(b) CONTENTS OF ORDER. -- An order issued under this
section--

        "(1) shall specify--

            "(A) the identity, if known, of the person to
whom is leased or in whose name is listed the telephone line to which
the pen register is to be attached;

            "(B) the identity, if known, of the person who
is the subject of the criminal investigation;

            "(C) the number and, if known, physical
location of the telephone line to which the pen register is to be
attached; and

            "(D) a statement of the offense to which the
information likely to be obtained by the pen register relates; and

        "(2) shall direct, upon the request of the applicant,
the furnishing of information, facilities, and technical assistance
necessary to accomplish the installation of the pen register under
section 3124 of this title.

    "(c) TIME PERIOD AND EXTENSIONS. --

        "(1) An order issued under this section shall
authorize the installation and use of a pen register for a period not
to exceed sixty days.

        "(2) Extensions of such an order may be granted, but
only upon an application for an order under section 3122 of this title
and upon the judicial finding required by subsection (a) of this
section.  The period of extension shall be for a period not to exceed
sixty days.

    "(d) NONDISCLOSURE OF EXISTENCE OF PEN REGISTER.--  An order
authorizing or approving the installation and use of a pen register
shall direct that--

        "(1) the order be sealed until otherwise ordered by
the court; and

        "(2) the person owning or leasing the line to which
the pen register is attached, or who has been ordered by the court to
provide assistance to the applicant, not disclose the existence of the
pen register or the existence of the investigation to the listed
subscriber, or to any other person, unless or until otherwise ordered
by the court.





"Section 3124. Assistance in installation and use of a pen register

    "(a) IN GENERAL. -- Upon the request of an attorney for the
government or an officer of a law enforcement agency authorized to
install and use a pen register under this chapter, a provider of wire
communication service, landlord, custodian, or other person shall
furnish such investigative or law enforcement officer forthwith all
information, facilities, and technical assistance necessary to
accomplish the installation of the pen register unobtrusively and with
a minimum of interference with the services that the person so ordered
by the court accords the party with respect to whom the installaton
and use is to take place, if such assistance is directed by a court
order as provided in section 3123(b)(2) of this title.

    "(b) COMPENSATION. -- A provider of wire communication
service, landlord, custodian, or other person who furnishes facilities
or technical assistance pursuant to this section shall be reasonably
compensated for such reasonable expenses incurred in providing such
facilities and assistance.




"Section 3125. Reports concerning pen registers

    "The Attorney General shall annually report to Congress on the
number of pen register orders applied for by law enforcement agencies
of the Department of Justice.





"Section 3126. Definitions for chapter

    "As used in this chapter--

        "(1) the term 'communications common carrier' has the
meaning set forth for the term 'common carrier' in section 3(h) of the
Communications Act of 1934 (47 USC 153(h));

        "(2) the term 'wire communication' has the meaning set
forth for such term in section 2510 of this title;

        "(3) the term 'court of competent jurisdiction'
means--
            "(A) a district court of the US (including a
magistrate of such a court) or a US Court of Appeals; or

            "(B) a court of general criminal jurisdiction
of a State authorized by the law of that State to enter orders
authorizing the use of a pen register;

        "(4) the term 'pen register' means a device which
records or decodes electronic or other impulses which identify the
numbers dialed or otherwise transmitted, with respect to wire
communications, on the telephone line to which such device is
attached, but such term does not include any device used by a
provider of wire communication service for billing, or recording as an
incident to billing, for communications services provided by such
provider; and

        "(5) the term 'attorney for the Government' has the
meaning given such term for the purposes of the Federal Rules of
Criminal Procedure; and

        "(6) the term 'State' means a State, the District of
Columbia, Puerto Rico, and any other possession or territory of the
US.".





    "(b) CLERICAL AMENDMENT. -- The table of chapters for part II
of title 18 of the USC is amended by inserting after the item relating
to chapter 205 the following new item:

        "206. Pen Registers............................3121"





"Sec. 302. Effective Date.

    "(a) IN GENERAL. -- Except as provided in subsection (b), this
title and the amendments made by this title shall take effect ninety
days after the date of the enactment of this Act and shall, in the
case of conduct pursuant to a court order or extension, apply only
with respect to court orders or extensions made after this title takes
effect.

    "(b) SPECIAL RULE FOR STATE AUTHORIZATONS OF INTERCEPTIONS.--
Any pen register order or installation which would be valid and lawful
without regard to the amendments made by this title shall be valid and
lawful notwithstanding such amendments if such order or installation
occurs during the period beginning on the date such amendments take
effect and ending on the earlier of--

        "(1) the day before the date of the taking effect of
changes in State law required in order to make orders or installations
under Federal law as amended by this title; or

        "(2) the date two years after the date of the
enactment of this Act.

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