,,ii #aacth ,,congress #ast ,session ,s4 #fjg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ai1 #bjac ,mr4 ,leahy 7for himself and ,mr4 ,lee7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve the provisions relating to the privacy of electronic communications4 #a4 ,short title ,this ,act may be cited as the ,electronic ,communications ,privacy ,act ,amendments ,act of #bjac4 #b4 ,confidentiality of electronic communications ,section #bgjb7;a77#c7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#c7 a provider of remote computing service or electronic communication service to the public shall not knowingly divulge to any governmental entity the contents of any communication described in section #bgjc7;a71 or any record or other information pertaining to a subscriber or customer of such service4 4 #c4 ,elimination of #ahj-;day rule2 search warrant requirement2 required disclosure of customer records 7a7 ,in general ,section #bgjc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking subsections 7a71 7b71 and 7c7 and inserting the following3 7a7 ,contents of wire or electronic communications ,a governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored1 held1 or maintained by the provider only if the governmental entity obtains a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 that is issued by a court of competent jurisdiction directing the disclosure4 7b7 ,notice ,except as provided in section #bgje1 not later than #aj business days in the case of a law enforcement agency1 or not later than #c business days in the case of any other governmental entity1 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 or remote computing service under subsection 7a71 the governmental entity shall serve upon1 or deliver to by registered or first-class mail1 electronic mail1 or other means reasonably calculated to be effective1 as specified by the court issuing the warrant1 the subscriber or customer-- 7#a7 a copy of the warrant2 and 7#b7 a notice that includes the information referred to in clauses 7i7 and 7ii7 of section #bgje7;a77#d77;,b74 7c7 ,records concerning electronic communication service or remote computing service 7#a7 ,in general ,subject to paragraph 7#b71 a governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber or customer of the provider or service 7not including the contents of communications71 only if the governmental entity-- 7,a7 obtains a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 that is issued by a court of competent jurisdiction directing the disclosure2 7,b7 obtains a court order directing the disclosure under subsection 7d72 7,c7 has the consent of the subscriber or customer to the disclosure2 or 7,d7 submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name1 address1 and place of business of a subscriber or customer of the provider or service that is engaged in telemarketing 7as defined in section #bcbe74 7#b7 ,information to be disclosed ,a provider of electronic communication service or remote computing service shall1 in response to an administrative subpoena authorized by ,federal or ,state statute1 a grand jury1 trial1 or civil discovery subpoena1 or any means authorized under paragraph 7#a71 disclose to a governmental entity the-- 7,a7 name2 7,b7 address2 7,c7 local and long distance telephone connection records1 or records of session times and durations2 7,d7 length of service 7including start date7 and types of service used2 7,e7 telephone or instrument number or other subscriber number or identity1 including any temporarily assigned network address2 and 7,f7 means and source of payment for such service 7including any credit card or bank account number71 of a subscriber or customer of such service4 7#c7 ,notice not required ,a governmental entity that receives records or information under this subsection is not required to provide notice to a subscriber or customer4 2 and 7#b7 by adding at the end the following3 7h7 ,rule of construction ,nothing in this section or in section #bgjb shall be construed to limit the authority of a governmental entity to use an administrative subpoena authorized under a ,federal or ,state statute or to use a ,federal or ,state grand jury1 trial1 or civil discovery subpoena to-- 7#a7 require an originator1 addressee1 or intended recipient of an electronic communication to disclose the contents of the electronic communication to the governmental entity2 or 7#b7 require an entity that provides electronic communication services to the officers1 directors1 employees1 or agents of the entity 7for the purpose of carrying out their duties7 to disclose the contents of an electronic communication to or from an officer1 director1 employee1 or agent of the entity to a governmental entity1 if the electronic communication is held1 stored1 or maintained on an electronic communications system owned or operated by the entity4 4 7b7 ,technical and conforming amendments ,section #bgjc7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking ,a court order for disclosure under subsection 7b7 or 7c7 and inserting ,a court order for disclosure under subsection 7c72 and 7#b7 by striking the contents of a wire or electronic communication1 or4 #d4 ,delayed notice ,section #bgje of title #ah1 ,united ,states ,code1 is amended to read as follows3 #bgje4 ,delayed notice 7a7 ,delay of notification 7#a7 ,in general ,a governmental entity that is seeking a warrant under section #bgjc7;a7 may include in the application for the warrant a request for an order delaying the notification required under section #bgjc7;b7 for a period of not more than #ahj days in the case of a law enforcement agency1 or not more than #ij days in the case of any other governmental entity4 7#b7 ,determination ,a court shall grant a request for delayed notification made under paragraph 7#a7 if the court determines that there is reason to believe that notification of the existence of the warrant may result in-- 7,a7 endangering the life or physical safety of an individual2 7,b7 flight from prosecution2 7,c7 destruction of or tampering with evidence2 7,d7 intimidation of potential witnesses2 or 7,e7 otherwise seriously jeopardizing an investigation or unduly delaying a trial4 7#c7 ,extension ,upon request by a governmental entity1 a court may grant one or more extensions of the delay of notification granted under paragraph 7#b7 of not more than #ahj days in the case of a law enforcement agency1 or not more than #ij days in the case of any other governmental entity4 7#d7 ,expiration of the delay of notification ,upon expiration of the period of delay of notification under paragraph 7#b7 or 7#c71 the governmental entity shall serve upon1 or deliver to by registered or first-class mail1 electronic mail1 or other means reasonably calculated to be effective as specified by the court approving the search warrant1 the customer or subscriber-- 7,a7 a copy of the warrant2 and 7,b7 notice that informs the customer or subscriber-- 7i7 of the nature of the law enforcement inquiry with reasonable specificity2 7ii7 that information maintained for the customer or subscriber by the provider of electronic communication service or remote computing service named in the process or request was supplied to1 or requested by1 the governmental entity2 7iii7 of the date on which the warrant was served on the provider and the date on which the information was provided by the provider to the governmental entity2 7iv7 that notification of the customer or subscriber was delayed2 7v7 the identity of the court authorizing the delay2 and 7vi7 of the provision of this chapter under which the delay was authorized4 7b7 ,preclusion of notice to subject of governmental access 7#a7 ,in general ,a governmental entity that is obtaining the contents of a communication or information or records under section #bgjc may apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant1 order1 subpoena1 or other directive under section #bgjc is directed not to notify any other person of the existence of the warrant1 order1 subpoena1 or other directive for a period of not more than #ahj days in the case of a law enforcement agency1 or not more than #ij days in the case of any other governmental entity4 7#b7 ,determination ,a court shall grant a request for an order made under paragraph 7#a7 if the court determines that there is reason to believe that notification of the existence of the warrant1 order1 subpoena1 or other directive may result in-- 7,a7 endangering the life or physical safety of an individual2 7,b7 flight from prosecution2 7,c7 destruction of or tampering with evidence2 7,d7 intimidation of potential witnesses2 or 7,e7 otherwise seriously jeopardizing an investigation or unduly delaying a trial4 7#c7 ,extension ,upon request by a governmental entity1 a court may grant one or more extensions of an order granted under paragraph 7#b7 of not more than #ahj days in the case of a law enforcement agency1 or not more than #ij days in the case of any other governmental entity4 7#d7 ,prior notice to law enforcement ,upon expiration of the period of delay of notice under this section1 and not later than #c business days before providing notice to a customer or subscriber1 a provider of electronic communication service or remote computing service shall notify the governmental entity that obtained the contents of a communication or information or records under section #bgjc of the intent of the provider of electronic communication service or remote computing service to notify the customer or subscriber of the existence of the warrant1 order1 or subpoena seeking that information4 7c7 ,definition ,in this section and section #bgjc1 the term law enforcement agency means an agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 authorized by law or by a government agency to engage in or supervise the prevention1 detection1 investigation1 or prosecution of any violation of criminal law1 or any other ,federal or ,state agency conducting a criminal investigation4 4 #e4 ,rule of construction ,nothing in this ,act or an amendment made by this ,act shall be construed to apply the warrant requirement for contents of a wire or electronic communication authorized under this ,act or an amendment made by this ,act to any other section of title #ah1 ,united ,states ,code 7including chapter #aai of such title 7commonly known as the ,wiretap ,act771 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 or any other provision of ,federal law4