S 1011 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1011CommentsClose CommentsPermalink

To improve the provisions relating to the privacy of electronic communications.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

May 17, 2011CommentsClose CommentsPermalink

Mr. LEAHY introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To improve the provisions relating to the privacy of electronic communications.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Electronic Communications Privacy Act Amendments Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. PROHIBITION ON DISCLOSURE OF CONTENT.

Section 2702(a)(3) of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(3) a provider of electronic communication service, remote computing service, or geolocation information service to the public shall not knowingly divulge to any governmental entity the contents of any communication described in section 2703(a), or any record or other information pertaining to a subscriber or customer of such provider or service.’.CommentsClose CommentsPermalink

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

(a) In General- Section 2703 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsections (a), (b), and (c) and inserting the following:CommentsClose CommentsPermalink





‘(a) Contents of Wire or Electronic Communications in Electronic Storage-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A governmental entity may require the disclosure by a provider of electronic communication service, remote computing service, or geolocation information service of the contents of a wire or electronic communication that is in electronic storage with or otherwise held or maintained by the provider if the governmental entity obtains a warrant issued and executed in accordance with the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that is issued by a court of competent jurisdiction directing the disclosure.CommentsClose CommentsPermalink





‘(2) NOTICE- Except as provided in section 2705, not later than 3 days after a governmental entity receives the contents of a wire or electronic communication of a subscriber or customer from a provider of electronic communication service, remote computing service, or geolocation information service under paragraph (1), the governmental entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant, the subscriber or customer--CommentsClose CommentsPermalink





‘(A) a copy of the warrant; andCommentsClose CommentsPermalink





‘(B) a notice that includes the information referred to in section 2705(a)(5)(B)(i).CommentsClose CommentsPermalink





‘(b) Records Concerning Electronic Communication Service, Remote Computing Service, or Geolocation Information Service-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2) and subsection (g), a governmental entity may require a provider of electronic communication service, remote computing service, or geolocation information service to disclose a record or other information pertaining to a subscriber or customer of the provider or service (not including the contents of communications), only if the governmental entity--CommentsClose CommentsPermalink





‘(A) obtains a warrant issued and executed in accordance with the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that is issued by a court of competent jurisdiction directing the disclosure;CommentsClose CommentsPermalink





‘(B) obtains a court order directing the disclosure under subsection (c);CommentsClose CommentsPermalink





‘(C) has the consent of the subscriber or customer to the disclosure; orCommentsClose CommentsPermalink





‘(D) submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of the provider or service that is engaged in telemarketing (as defined in section 2325).CommentsClose CommentsPermalink





‘(2) SUBPOENAS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A governmental entity may require a provider of electronic communication service, remote computing service, or geolocation information service to disclose information described in subparagraph (B) if the governmental entity obtains--CommentsClose CommentsPermalink





‘(i) an administrative subpoena under a Federal or State statute; orCommentsClose CommentsPermalink





‘(ii) a Federal or State grand jury subpoena or trial subpoena.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- The information described in this subparagraph is--CommentsClose CommentsPermalink





‘(i) the name of the subscriber or customer;CommentsClose CommentsPermalink





‘(ii) the address of the subscriber or customer;CommentsClose CommentsPermalink





‘(iii) the local and long distance telephone connection records, or records of session times and durations, of the subscriber or customer;CommentsClose CommentsPermalink





‘(iv) length of service (including start date) and types of service utilized by the subscriber or customer;CommentsClose CommentsPermalink





‘(v) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address, of the subscriber or customer; andCommentsClose CommentsPermalink





‘(vi) means and source of payment for such service (including any credit card or bank account number) of the subscriber or customer.CommentsClose CommentsPermalink





‘(3) NOTICE NOT REQUIRED- A governmental entity that receives records or information under this subsection is not required to provide notice to a subscriber or customer.’; andCommentsClose CommentsPermalink





(2) by redesignating subsections (d) through (g) as subsections (c) through (f), respectively.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendments-CommentsClose CommentsPermalink





(1) SECTION 2258A- Section 2258A(h)(1) of title 18, United States Code, is amended by striking ‘section 2703(f)’ and inserting ‘section 2703(e)’.CommentsClose CommentsPermalink





(2) SECTION 2703- Section 2703(c) of title 18, United States Code, as redesignated by subsection (a), is amended--CommentsClose CommentsPermalink





(A) by striking ‘A court order for disclosure under subsection (b) or (c)’ and inserting ‘A court order for disclosure under subsection (b)(1)(B) or (g)(3)(A)(ii)’; andCommentsClose CommentsPermalink





(B) by striking ‘the contents of a wire or electronic communication, or the records or other information sought,’ and inserting ‘the records, other information, or historical geolocation information sought’.CommentsClose CommentsPermalink





(3) SECTION 2707- Section 2707(a) of title 18, United States Code, is amended by striking ‘section 2703(e)’ and inserting ‘section 2703(d)’.CommentsClose CommentsPermalink





(4) SECTION 3486- Section 3486(a)(1)(C)(i) of title 18, United States Code, is amended by striking ‘section 2703(c)(2)’ and inserting ‘section 2703(b)(2)(B)’.CommentsClose CommentsPermalink

SEC. 4. DELAYED NOTICE.

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

‘Sec. 2705. Delayed notice

‘(a) Delay of Notification-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A governmental entity that is seeking a warrant under section 2703(a) may include in the application for the warrant a request for an order delaying the notification required under section 2703(a) for a period of not more than 90 days.CommentsClose CommentsPermalink





‘(2) DETERMINATION- A court shall grant a request for delayed notification made under paragraph (1) if the court determines that there is reason to believe that notification of the existence of the warrant may result in--CommentsClose CommentsPermalink





‘(A) endangering the life or physical safety of an individual;CommentsClose CommentsPermalink





‘(B) flight from prosecution;CommentsClose CommentsPermalink





‘(C) destruction of or tampering with evidence;CommentsClose CommentsPermalink





‘(D) intimidation of potential witnesses;CommentsClose CommentsPermalink





‘(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial; orCommentsClose CommentsPermalink





‘(F) endangering national security.CommentsClose CommentsPermalink





‘(3) EXTENSION- Upon request by a governmental entity, a court may grant 1 or more extensions of the delay of notification granted under paragraph (2) of not more than 90 days.CommentsClose CommentsPermalink





‘(4) EXPIRATION OF THE DELAY OF NOTIFICATION- Upon expiration of the period of delay of notification under paragraph (2) or (3), the governmental entity shall serve upon, or deliver to by registered or first-class mail, electronic mail or other means reasonably calculated to be effective as specified by the court approving the search warrant, the customer or subscriber--CommentsClose CommentsPermalink





‘(A) a copy of the warrant; andCommentsClose CommentsPermalink





‘(B) notice that informs the customer or subscriber--CommentsClose CommentsPermalink





‘(i) that information maintained for the customer or subscriber by the provider of electronic communication service, remote computing service, or geolocation information service named in the process or request was supplied to, or requested by, the governmental entity;CommentsClose CommentsPermalink





‘(ii) of the date on which the request to the provider for information was made by the governmental entity and the date on which the information was provided by the provider to the governmental entity;CommentsClose CommentsPermalink





‘(iii) that notification of the customer or subscriber was delayed;CommentsClose CommentsPermalink





‘(iv) the identity of the court authorizing the delay; andCommentsClose CommentsPermalink





‘(v) of the provision of this chapter under which the delay was authorized.CommentsClose CommentsPermalink





‘(b) Preclusion of Notice to Subject of Governmental Access-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A governmental entity that is obtaining the contents of a communication or information or records under section 2703 or geolocation information under section 2713 may apply to a court for an order directing a provider of electronic communication service, remote computing service, or geolocation information service to which a warrant, order, subpoena, or other directive under section 2703 or 2713 is directed not to notify any other person of the existence of the warrant, order, subpoena, or other directive for a period of not more than 90 days.CommentsClose CommentsPermalink





‘(2) DETERMINATION- A court shall grant a request for an order made under paragraph (1) if the court determines that there is reason to believe that notification of the existence of the warrant, order, subpoena, or other directive may result in--CommentsClose CommentsPermalink





‘(A) endangering the life or physical safety of an individual;CommentsClose CommentsPermalink





‘(B) flight from prosecution;CommentsClose CommentsPermalink





‘(C) destruction of or tampering with evidence;CommentsClose CommentsPermalink





‘(D) intimidation of potential witnesses;CommentsClose CommentsPermalink





‘(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial; orCommentsClose CommentsPermalink





‘(F) endangering national security.CommentsClose CommentsPermalink





‘(3) EXTENSION- Upon request by a governmental entity, a court may grant 1 or more extensions of an order granted under paragraph (2) of not more than 90 days.’.CommentsClose CommentsPermalink

SEC. 5. LOCATION INFORMATION PRIVACY.

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

‘Sec. 2713. Location tracking of electronic communications device

‘(a) Prohibition- Except as provided in subsection (b), (c), or (d), no governmental entity may access or use an electronic communications device to acquire geolocation information.CommentsClose CommentsPermalink





‘(b) Acquisition Pursuant to a Warrant or Court Order- A governmental entity may access or use an electronic communications device to acquire geolocation information if the governmental entity obtains--CommentsClose CommentsPermalink





‘(1) a warrant issued and executed in accordance with the Federal Rules of Criminal Procedure relating to tracking devices (or, in the case of a State court, issued using State warrant procedures), issued by a court of competent jurisdiction authorizing the accessing or use of an electronic communications device to acquire geolocation information; orCommentsClose CommentsPermalink





‘(2) a court order under title I or title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq. and 1881 et seq.) authorizing the accessing or use of an electronic communications device to acquire geolocation information.CommentsClose CommentsPermalink





‘(c) Permitted Acquisitions Without Court Order- A governmental entity may access or use an electronic communications device to acquire geolocation information--CommentsClose CommentsPermalink





‘(1) as permitted under section 222(d)(4) of the Communications Act of 1934 (47 U.S.C. 222(d)(4)) in order to respond to a call for emergency services by a user of an electronic communications device; orCommentsClose CommentsPermalink





‘(2) with the express consent of the owner or user of the electronic communications device concerned.CommentsClose CommentsPermalink





‘(d) Emergency Acquisition of Geolocation Information-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), an investigative or law enforcement officer specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, any United States attorney, any acting United States attorney, or the principal prosecuting attorney of any State or political subdivision thereof acting pursuant to a statute of that State may access or use an electronic communications device to acquire geolocation information if the investigative or law enforcement officer reasonably determines that--CommentsClose CommentsPermalink





‘(A) an emergency situation exists that--CommentsClose CommentsPermalink





‘(i) involves--CommentsClose CommentsPermalink





‘(I) immediate danger of death or serious bodily injury to any person;CommentsClose CommentsPermalink





‘(II) conspiratorial activities characteristic of organized crime; orCommentsClose CommentsPermalink





‘(III) an immediate threat to national security; andCommentsClose CommentsPermalink





‘(ii) requires the accessing or use of an electronic communications device to acquire geolocation information before an order authorizing the acquisition may, with due diligence, be obtained; andCommentsClose CommentsPermalink





‘(B) there are grounds upon which an order could be entered under this section to authorize the accessing or use of an electronic communications device to acquire geolocation information.CommentsClose CommentsPermalink





‘(2) ORDER AND TERMINATION- If an investigative or law enforcement officer accesses or uses an electronic communications device to acquire geolocation information under paragraph (1)--CommentsClose CommentsPermalink





‘(A) not later than 48 hours after the activity to acquire the geolocation information has occurred, or begins to occur, the investigative or law enforcement officer shall seek a warrant or order described in subsection (b) approving the acquisition; andCommentsClose CommentsPermalink





‘(B) unless a warrant or order described in subsection (b) is issued approving the acquisition, the activity to acquire the geolocation information shall terminate immediately at the earlier of the time--CommentsClose CommentsPermalink





‘(i) the information sought is obtained;CommentsClose CommentsPermalink





‘(ii) the application for the warrant or order is denied; orCommentsClose CommentsPermalink





‘(iii) at which 48 hours have elapsed since the activity to acquire the geolocation information began to occur.CommentsClose CommentsPermalink





‘(3) VIOLATION AND SUPPRESSION OF EVIDENCE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In a circumstance described in subparagraph (B), a court may determine that--CommentsClose CommentsPermalink





‘(i) no information obtained, or evidence derived from, geolocation information acquired as part of the accessing or use of an electronic communications device to acquire geolocation information may be received into evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof; andCommentsClose CommentsPermalink





‘(ii) no information concerning any person acquired from the geolocation information may be used or disclosed in any other manner, without the consent of the person.CommentsClose CommentsPermalink





‘(B) CIRCUMSTANCES- A circumstance described in this subparagraph is any instance in which--CommentsClose CommentsPermalink





‘(i) an investigative or law enforcement officer does not--CommentsClose CommentsPermalink





‘(I) obtain a warrant or order described in subsection (b) within 48 hours of commencing the accessing or use of the electronic communications device; orCommentsClose CommentsPermalink





‘(II) terminate the activity to acquire geolocation information in accordance with paragraph (2)(B); orCommentsClose CommentsPermalink





‘(ii) a court denies the application for a warrant or order approving the accessing or use of an electronic communications device to acquire geolocation information.CommentsClose CommentsPermalink





‘(e) Assistance and Compensation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A warrant described in subsection (b)(1) authorizing the accessing or use of an electronic communications device to acquire geolocation information shall, upon request of the applicant, direct that a provider of electronic communication service, remote computing service, or geolocation information service shall provide to the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the acquisition unobtrusively and with a minimum of interference with the services that the provider is providing to or through the electronic communications device in question.CommentsClose CommentsPermalink





‘(2) COMPENSATION- Any provider of electronic communication service, remote computing service, or geolocation information service providing information, facilities, or technical assistance under a directive under paragraph (1) shall be compensated by the applicant for reasonable expenses incurred in providing the information, facilities, or assistance.CommentsClose CommentsPermalink





‘(f) No Cause of Action Against a Provider- No cause of action shall lie in any court against any provider of electronic communication service, remote computing service, or geolocation information service, or an officer, employee, or agent of the provider or other specified person for providing information, facilities, or assistance necessary to accomplish an acquisition of geolocation information authorized under this section.’.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendments- Title 18 of the United States Code is amended--CommentsClose CommentsPermalink





(1) in the table of sections for chapter 121, by adding at the end the following:CommentsClose CommentsPermalink





‘2713. Location tracking of electronic communications device.’;CommentsClose CommentsPermalink





(2) in section 2703--CommentsClose CommentsPermalink





(A) in subsection (d), as redesignated by section 3, by inserting ‘geolocation information service, or remote computing service,’ after ‘electronic communication service,’;CommentsClose CommentsPermalink





(B) in subsection (e)(1), as redesignated by section 3, by striking ‘electronic communication services or a’ and inserting ‘electronic communication service, geolocation information service, or’; andCommentsClose CommentsPermalink





(C) in subsection (f), as redesignated by section 3--CommentsClose CommentsPermalink





(i) by inserting ‘, geolocation information service,’ after ‘electronic communication service’; andCommentsClose CommentsPermalink





(ii) by inserting ‘, geolocation information,’ after ‘contents of communications’;CommentsClose CommentsPermalink





(3) in section 2711--CommentsClose CommentsPermalink





(A) in paragraph (3), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in paragraph (4), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) the term ‘electronic communications device’ means any device that enables access to or use of an electronic communications system, electronic communication service, remote computing service, or geolocation information service;CommentsClose CommentsPermalink





‘(6) the term ‘geolocation information’--CommentsClose CommentsPermalink





‘(A) means any information concerning the location of an electronic communications device that is in whole or in part generated by or derived from the operation or use of the electronic communications device;CommentsClose CommentsPermalink





‘(B) does not include--CommentsClose CommentsPermalink





‘(i) information described in section 2703(b)(2)(B); orCommentsClose CommentsPermalink





‘(ii) the contents of a communication;CommentsClose CommentsPermalink





‘(7) the term ‘geolocation information service’ means the provision of a global positioning service or other mapping, locational, or directional information service;CommentsClose CommentsPermalink





‘(8) the term ‘electronic communication identifiable information’ means the--CommentsClose CommentsPermalink





‘(A) name of a person or entity;CommentsClose CommentsPermalink





‘(B) address of a person or entity;CommentsClose CommentsPermalink





‘(C) records of session times and durations of a person or entity;CommentsClose CommentsPermalink





‘(D) length of service and types of service used by a person or entity;CommentsClose CommentsPermalink





‘(E) telephone or instrument number or other subscriber number or identity (including any temporarily assigned network address) of a person or entity; andCommentsClose CommentsPermalink





‘(F) dialing, routing, addressing, and signaling information associated with each communication to or from the subscriber account of a person or entity (including the date, time, and duration of the communications, without geographical limit);CommentsClose CommentsPermalink





‘(9) the term ‘toll billing records’ means the--CommentsClose CommentsPermalink





‘(A) name of a person or entity;CommentsClose CommentsPermalink





‘(B) address of a person or entity;CommentsClose CommentsPermalink





‘(C) length of service of a person or entity; andCommentsClose CommentsPermalink





‘(D) local and long distance billing records of a person or entity; andCommentsClose CommentsPermalink





‘(10) the term ‘customer’ means any person, or authorized representative of that person, who used or is using any service provided by an electronic communication service, remote computing service, or geolocation information service, regardless of whether the service was, or is, being provided for a monetary fee.’; andCommentsClose CommentsPermalink





(4) in section 3127--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘and ‘contents’ have’ and inserting ‘contents’, and ‘geolocation information’ have’;CommentsClose CommentsPermalink





(B) in paragraph (3), by inserting ‘ or geolocation information,’ after ‘contents of any communication’; andCommentsClose CommentsPermalink





(C) in paragraph (4), by inserting ‘or geolocation information’ after ‘contents of any communication’.CommentsClose CommentsPermalink

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

Section 2703 of title 18, United States Code, as amended by section 3, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) Location Information-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), a governmental entity may not require a provider of electronic communication service, remote computing service, or geolocation information service to disclose geolocation information contemporaneously or prospectively.CommentsClose CommentsPermalink





‘(2) EXCEPTIONS-CommentsClose CommentsPermalink





‘(A) WARRANTS- A governmental entity may require a provider of electronic communication service, remote computing service, or geolocation information service to disclose geolocation information contemporaneously or prospectively pursuant to a warrant issued and executed in accordance with the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures), issued by a court of competent jurisdiction.CommentsClose CommentsPermalink





‘(B) CALL FOR EMERGENCY SERVICES- A provider of electronic communication service, remote computing service, or geolocation information service may provide geolocation information contemporaneously or prospectively to a governmental entity as permitted under section 222(d)(4) of the Communications Act of 1934 (47 U.S.C. 222(d)(4)) in order to respond to a call for emergency services by a user of an electronic communications device.CommentsClose CommentsPermalink





‘(3) HISTORICAL LOCATION INFORMATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A governmental entity may require a provider of electronic communication service, remote computing service, or geolocation information service to disclose historical geolocation information pertaining to a subscriber or customer of the provider only if the governmental entity --CommentsClose CommentsPermalink





‘(i) obtains a warrant issued and executed in accordance with the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that is issued by a court of competent jurisdiction directing the disclosure;CommentsClose CommentsPermalink





‘(ii) obtains a court order directing the disclosure under subsection (c); orCommentsClose CommentsPermalink





‘(iii) has the consent of the subscriber or customer to the disclosure.CommentsClose CommentsPermalink





‘(B) NOTICE NOT REQUIRED- A governmental entity that receives historical geolocation information under subparagraph (A) is not required to provide notice to a subscriber or customer.’.CommentsClose CommentsPermalink

SEC. 7. VOLUNTARY DISCLOSURES TO PROTECT CYBERSECURITY.

Section 2702 of title 18, United States Code is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(5), by inserting ‘, cybersecurity,’ after ‘rights’;CommentsClose CommentsPermalink





(2) in subsection (c)(3), by inserting ‘, cybersecurity,’ after ‘rights’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Reporting of Cybersecurity Disclosures- On an annual basis, the Attorney General of the United States shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report containing--CommentsClose CommentsPermalink





‘(1) the number of accounts from which the Federal Government has received voluntary disclosures under subsection (b)(5) that pertain to the protection of cybersecurity; andCommentsClose CommentsPermalink





‘(2) a summary of the basis for disclosure in each instance where--CommentsClose CommentsPermalink





‘(A) a voluntary disclosure under subsection (b)(5) that pertains to the protection of cybersecurity was made to the Department of Justice; andCommentsClose CommentsPermalink





‘(B) the investigation pertaining to the disclosure was closed without the filing of criminal charges.’.CommentsClose CommentsPermalink

SEC. 8. ELECTRONIC COMMUNICATION IDENTIFIABLE INFORMATION.

(a) In General- Section 2709(a) of title 18, United States Code, is amended by striking ‘electronic communication transactional records’ and inserting ‘electronic communication identifiable information’.CommentsClose CommentsPermalink





(b) Required Certification- Section 2709(b) of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(b) Required Certification- The Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may request the toll billing records and electronic communication identifiable information of a person or entity if the Director (or designee) certifies in writing to the wire or electronic communication service provider or geolocation information service provider to which the request is made that the toll billing records and electronic communication identifiable information sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States.’.CommentsClose CommentsPermalink