by Unknown
future date as the court may specify.
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317
“(2) Considerations—In determining whether to impose a civil pen-
alty and in determining its amount, the court shall take into
account—
“(A) the nature, circumstances, and extent of the violation;
“(B) the violator’s ability to pay, the violator’s good faith efforts
to comply in a timely manner, any effect on the violator’s
ability to continue to do business, the degree of culpabil-
ity, and the length of any delay in undertaking efforts to
comply; and
“(C) such other matters as justice may require.
“(d) Definitions—As used in this section, the terms defined in section
102 of the Communications Assistance for Law Enforcement Act
have the meanings provided, respectively, in such section.”
(e) Conforming Amendments—
(1) Section 2518(4) of title 18, United States Code, is amended
by adding at the end the following new sentence: “Pursuant
to section 2522 of this chapter, an order may also be issued
to enforce the assistance capability and capacity require-
ments under the Communications Assistance for Law
Enforcement Act.”
(2) Section 3124 of such title is amended by adding at the end the
following new subsection:
“(f) Communications Assistance Enforcement Orders—Pursuant to sec-
tion 2522, an order may be issued to enforce the assistance capability
and capacity requirements under the Communications Assistance
for Law Enforcement Act.”
(1) The table of sections at the beginning of chapter 119 of title 18,
United States Code, is amended by inserting after the item per-
taining to section 2521 the following new item:
“2522. Enforcement of the Communications Assistance for Law Enforcement
Act.”
§ 202. Cordless Telephones
(a) Definitions—Section 2510 of title 18, United States Code, is
amended—
(1) in paragraph (1), by striking “, but such term does not include”
and all that follows through “base unit”; and
(2) in paragraph (12), by striking subparagraph (A) and redesignat-
ing subparagraphs (B), (C), and (D) as subparagraphs (A), (B),
and (C), respectively.
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(b) Penalty—Section 2511 of title 18, United States Code, is amended—
(1) in subsection (4)(b)(i) by inserting “a cordless telephone com-
munication that is transmitted between the cordless telephone
handset and the base unit,” after “cellular telephone communica-
tion,”; and
(2) in subsection (4)(b)(ii) by inserting “a cordless telephone com-
munication that is transmitted between the cordless tele-
phone handset and the base unit,” after “cellular telephone
communication,”.
§ 203. Radio-Based Data Communications
Section 2510(16) of title 18, United States Code, is amended—
(1) by striking “or” at the end of subparagraph (D);
(2) by inserting “or” at the end of subparagraph (E); and
(3) by inserting after subparagraph (E) the following new subparagraph:
“(F) an electronic communication;”
§ 204. Penalties for Monitoring Radio Communications
That Are Transmitted Using Modulation
Techniques with Nonpublic Parameters
Section 2511(4)(b) of title 18, United States Code, is amended by striking “or encrypted, then” and inserting “, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then”.
§ 205. Technical Correction
Section 2511(2)(a)(i) of title 18, United States Code, is amended by striking
“used in the transmission of a wire communication” and inserting “used in the transmission of a wire or electronic communication”.
§ 206. Fraudulent Alteration of Commercial
Mobile Radio Instruments
(a)
Offense—Section 1029(a) of title 18, United States Code, is
amended—
(1) by striking “or” at the end of paragraph (3); and
(2) by inserting after paragraph (4) the following new paragraphs:
“(5) knowingly and with intent to defraud uses, produces, traffics
in, has control or custody of, or possesses a telecommunications
instrument that has been modified or altered to obtain unau-
thorized use of telecommunications services; or
Appendix A: Electronic Surveillance Law
319
“(6) knowingly and with intent to defraud uses, produces, traffics in,
has control or custody of, or possesses—
“(A) a scanning receiver; or
“(B) hardware or software used for altering or modifying tele-
communications instruments to obtain unauthorized access
to telecommunications services,”
(b) Penalty—Section 1029(c)(2) of title 18, United States Code, is
amended by striking “(a)(1) or (a)(4)” and inserting “(a) (1), (4), (5),
or (6)”.
(c) Definitions–Section 1029(e) of title 18, United States Code, is
amended—
(1) in paragraph (1) by inserting “electronic serial number, mobile
identification number, personal identification number, or other
telecommunications service, equipment, or instrument identi-
fier,” after “account number,”;
(2) by striking “and” at the end of paragraph (5);
(3) by striking the period at the end of paragraph (6) and inserting
“; and”; and
(4) by adding at the end the following new paragraph:
“(7) the term ‘scanning receiver’ means a device or apparatus that
can be used to intercept a wire or electronic communication in
violation of chapter 119.”
§ 207. Transactional Data
(a) Disclosure of Records—Section 2703 of title 18, United States Code, is amended—
(1) in subsection (c)(1)—
(A) in subparagraph (B)—
(i) by striking clause (i); and
(ii) by redesignating clauses (ii), (iii), and (iv) as clauses (i),
(ii), and (iii), respectively; and
(B) by adding at the end the following new subparagraph:
“(C) A provider of electronic communication service or remote
computing service shall disclose to a governmental entity
the name, address, telephone toll billing records, telephone
number or other subscriber number or identity, and length
of service of a subscriber to or customer of such service and
the types of services the subscriber or customer utilized,
when the governmental entity uses an administrative sub-
poena authorized by a Federal or State statute or a Federal
or State grand jury or trial subpoena or any means available
under subparagraph (B).”; and
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Appendix A: Electronic Surveillance Law
(2) by amending the first sentence of subsection (d) to read as fol-
lows: “A court order for disclosure under subsection (b) or (c) may
be issued by any court that is a court of competent jurisdiction
described in section 3126(2)(A) and shall issue only
if the govern-
mental entity offers specific and articulable facts showing that there
are reasonable grounds to believe that the contents of a wire or elec-
tronic communication, or the records or other information sought,
are relevant and material to an ongoing criminal investigation.”
(b) Pen Registers and Trap and Trace Devices—Section 3121 of title 18, United States Code, is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection:
“(c) Limitation—A government agency authorized to install and use a pen register under this chapter or under State law shall use technology
reasonably available to it that restricts the recording or decoding of
electronic or other impulses to the dialing and signaling information
utilized in call processing.”
§ 208. Authorization for Acting Deputy Attorneys General in
the Criminal Division to Approve Certain Court Applications
Section 2516(1) of title 18, United States Code, is amended by inserting “or acting Deputy Assistant Attorney General” after “Deputy Assistant Attorney General”.
Title III: Amendments to the Communications Act of 1934
§ 301. Compliance Cost Recovery
Title II of the Communications Act of 1934 is amended by inserting after
section 228 (47 U.S.C. 228) the following new section:
Ҥ 229. Communications Assistance for
Law Enforcement Act Compliance
“(a) In General—The Commission shall prescribe such rules as are
necessary to implement the requirements of the Communications
Assistance for Law Enforcement Act.
“(b) Systems Security and Integrity—The rules prescribed pursuant to
subsection (a) shall include rules to implement section 105 of the
Communications Assistance for Law Enforcement Act that require
common carriers—
“(1) to establish appropriate policies and procedures for the supervi-
sion and control of its officers and employees—
“(A) to require appropriate authorization to activate inter-
ception of communications or access to call-identifying
information; and
Appendix A: Electronic Surveillance Law
321
“(B) to prevent any such interception or access without such
authorization;
“(2) to maintain secure and accurate records of any interception or
access with or without such authorization; and
“(3) to submit to the Commission the policies and procedures
adopted to comply with the requirements established under
paragraphs (1) and (2).
“(c) Commission Review of Compliance—The Commission shall review the policies and procedures submitted under subsection (b)(3) and
shall order a common carrier to modify any such policy or procedure
that the Commission determines does not comply with Commission
regulations. The Commission shall conduct such investigations as
may be necessary to insure compliance by common carriers with
the requirements of the regulations prescribed under this section.
“(d) Penalties—For purposes of this Act, a violation by an officer or
employee of any policy or procedure adopted by a common car-
rier pursuant to subsection (b), or of a rule prescribed by the
Commission pursuant to subsection (a), shall be considered to be
a violation by the carrier of a rule prescribed by the Commission
pursuant to this Act.
“(e) Cost Recovery for Communications Assistance for Law Enforcement Act Compliance—
“(1) Petitions Authorized—A common carrier may petition the
Commission to adjust charges, practices, classifications, and
regulations to recover costs expended for making modifi-
cations to equipment, facilities, or services pursuant to the
requirements of section 103 of the Communications Assistance
for Law Enforcement Act.
“(2) Commission Authority—The Commission may grant, with
or without modification, a petition under paragraph (1) if the
Commission determines that such costs are reasonable and that
permitting recovery is consistent with the public interest. The
Commission may, consistent with maintaining just and rea-
sonable charges, practices, classifications, and regulations in
connection with the provision of interstate or foreign commu-
nication by wire or radio by a common carrier, allow carriers to
adjust such charges, practices, classifications, and regulations in
order to carry out the purposes of this Act.
“(3) Joint Board—The Commission shall convene a Federal-State
joint board to recommend appropriate changes to part 36 of the
Commission’s rules with respect to recovery of costs pursuant
to charges, practices, classifications, and regulations under the
jurisdiction of the Commission.”
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Appendix A: Electronic Surveillance Law
§ 302. Recovery of Cost of Commission Proceedings
The schedule of application fees in section 8(g) of the Communications
Act of 1934 (47 U.S.C. 158(g)) is amended by inserting under item 1 of
the matter pertaining to common carrier services the following additional subitem:
“(d) Proceeding under section 109(b) of the Communications Assistance
for Law Enforcement Act—5,000.”
§ 303. Clerical and Technical Amendments
(a) Amendments to the Communications Act of 1934—The Communications Act of 1934 is amended—
(1) in section 4(f)(3), by striking “overtime exceeds beyond” and
inserting “overtime extends beyond”;
(2) in section 5, by redesignating subsection (f) as subsection (e);
(3) in section 8(d)(2), by striking “payment of a” and inserting “pay-
ment of an”;
(4) in the schedule contained in section 8(g), in item 7.f. under the
heading “Equipment Approval Services/Experimental Radio”
by striking “Additional Charge” and inserting “Additional
Application Fee”;
(5) in section 9(f)(1), by inserting before the second sentence the
following:
“(A) Installment Payments—”;
(6) in the schedule contained in section 9(g), in the item pertaining
to interactive video data services under the private radio bureau,
insert “95” after “47 C.F.R. Part”;
(7) in section 220(a)—
(A) by inserting “(1)” after “(a)”; and
(B) by adding at the end the following new paragraph:
“(i) The Commission shal , by rule, prescribe a uniform sys-
tem of accounts for use by telephone companies. Such uni-
form system shall require that each common carrier shal
maintain a system of accounting methods, procedures, and
techniques (including accounts and supporting records and
memoranda) which shall ensure a proper al ocation of al
costs to and among telecommunications services, facilities,
and products (and to and among classes of such services,
facilities, and products) which are developed, manufac-
tured, or offered by such common carrier.”;
(8) in section 220(b), by striking “classes” and inserting “classes”;
(9) in section 223(b)(3), by striking “defendant restrict access”
and inserting �
��defendant restricted access”;
Appendix A: Electronic Surveillance Law
323
(10) in section 226(d), by striking paragraph (2) and redesig-
nating paragraphs (3) and (4) as paragraphs (2) and (3),
respectively;
(11) in section 227(b)(2)(C), by striking “paragraphs” and inserting
“paragraph”;
(12) in section 227(e)(2), by striking “national database” and insert-
ing “national database”;
(13) in section 228(c), by redesignating the second paragraph (2)
and paragraphs (3) through (6) as paragraphs (3) through (7),
respectively;
(14) in section 228(c)(6)(D), by striking “conservation” and inserting
“conversation”;
(15) in section 308(c), by striking “May 24, 1921” and inserting “May
27, 1921”;
(16) in section 309(c)(2)(F), by striking “section 325(b)” and inserting
“section 325(c)”;
(17) in section 309(i)(4)(A), by striking “Communications Technical
Amendments Act of 1982” and inserting “Communications
Amendments Act of 1982”;
(18) in section 331, by amending the heading of such section to read
as follows:
“Very High Frequency Stations and AM Radio Stations”;
(19) in section 358, by striking “(a)”;
(20) in part III of title III—
(A) by inserting before section 381 the following heading:
“Vessels Transporting More Than Six Passengers for Hire
Required to Be Equipped with Radio Telephone”;
(B) by inserting before section 382 the following heading:
“Vessels Excepted from Radio Telephone Requirement”;
(C) by inserting before section 383 the following heading:
“Exemptions by Commission”;
