,,ii  ,calendar ,no4 #ff  #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  ,april #be1 #bjac ,reported 
by ,mr4 ,leahy1 with an amendment ,omit 
the part struck through and insert the  
part printed in italic  ,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  #e4 ,evaluation by the   
,government ,accountability ,office ,not
 later than ,september #cj1 #bjae1 the  
,comptroller ,general of the ,united    
,states shall submit to ,congress a     
report regarding the disclosure of      
customer communications and records     
under section #bgjc of title #ah1       
,united ,states ,code1 which shall      
include--  7#a7 an analysis and         
evaluation of such disclosure under     
section #bgjc of title #ah1 ,united     

,states ,code1 as in effect before the  
date of enactment of this ,act1         
including--  7,a7 a comprehensive       
analysis and evaluation regarding the   
number of individual instances1 in each 
of the #e years before the year in which
 this ,act is enacted1 in which         
,federal1 ,state1 or local law          
enforcement officers used section #bgjc 
of title #ah1 ,united ,states ,code1 to 
obtain information relevant to an       
ongoing criminal investigation2  7,b7 an
 analysis of the average length of time 
taken by a provider of an electronic    
communication service or a remote       
computing service to comply with        
requests by law enforcement officers for
 information under section #bgjc of     
title #ah1 ,united ,states ,code2  7,c7 
the number of individual instances1 in  
each of the #e years before the year in 
which this ,act is enacted1 in which    
information was requested by law        
enforcement officers from a provider of 
an electronic communication service or a

 remote computing service under a       
warrant as authorized under section     
#bgjc7;a7 of title #ah1 ,united ,states 
,code2  7,d7 the number of individual   
instances and type of request1 in each  
of the #e years before the year in which
 this ,act is enacted1 in which         
information was requested by law        
enforcement officers from a provider of 
an electronic communication service or a
 remote computing service under the     
other information request provisions in 
section #bgjc of title #ah1 ,united     
,states ,code2 and  7,e7 the number of  
individual instances1 in each of the #e 
years before the year in which this ,act
 is enacted1 in which law enforcement   
officers requested delayed notification 
to the subscriber or customer under     
section #bgje of title #ah1 ,united     
,states ,code2 and  7#b7 an analysis and
 evaluation of such disclosure under    
section #bgjc of title #ah1 ,united     
,states ,code1 as amended by this ,act1 
including--  7,a7 an evaluation of the  

effects of the amendments to the warrant
 requirements on judges1 court dockets1 
or any other court operations2  7,b7 a  
survey of ,federal1 ,state1 and local   
judges and law enforcement officers to  
determine the average length of time    
required for providers of an electronic 
communication service or a remote       
computing service to provide the        
contents of communications requested    
under a search warrant1 which shall     
include identifying the number of       
instances in which a judge was required 
to order a provider of an electronic    
communication service or a remote       
computing service to appear to show     
cause for failing to comply with a      
warrant or to issue an order of contempt
 against a provider of an electronic    
communication service or a remote       
computing service for such a failure2   
and  7,c7 determining whether the       
amendments to the warrant requirements  
resulted in an increase in the use of   
the emergency exception under section   

#bgjb7;b77#h7 of title #ah1 ,united     
,states ,code4  #f4 ,rule of            
construction ,nothing in this ,act or an
 amendment made by this ,act shall be   
construed to preclude the acquisition by
 the ,united ,states ,government of--   
7#a7 the contents of a wire or          
electronic communication pursuant to    
other lawful authorities1 including the 
authorities under chapter #aai of title 
#ah 7commonly known as the ,wiretap     
,act71 the ,foreign ,intelligence       
,surveillance ,act of #aigh 7#ej        
,u4,s4,c4 #ahja et seq471 or any other  
provision of ,federal law not           
specifically amended by this ,act2 or   
7#b7 records or other information       
relating to a subscriber or customer of 
any electronic communications service or
 remote computing service 7not including
 the content of such communications7    
pursuant to the ,foreign ,intelligence  
,surveillance ,act of #aigh 7#ej        
,u4,s4,c4 #ahja et seq471 chapter #aai  
of title #ah 7commonly known as the     

,wiretap ,act71 or any other provision  
of ,federal law not specifically amended
 by this ,act4  ,april #be1 #bjac       
,reported with an amendment