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ECPA Amendments Act of 2013

ECPA Amendments Act of 2013

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Published by Alex Fitzpatrick
ECPA Amendments Act of 2013
ECPA Amendments Act of 2013

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Published by: Alex Fitzpatrick on Mar 19, 2013
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03/19/2013

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HEN13238 S.L.C.
113
TH
CONGRESS1
ST
S
ESSION
 
S.
 ll 
To improve the provisions relating to the privacy of electronic communications.
IN THE SENATE OF THE UNITED STATES
 llllllllll 
Mr. L
EAHY 
introduced the following bill; which was read twice and referredto the Committee on
 llllllllll 
A BILL
To improve the provisions relating to the privacy of electroniccommunications.
 Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Electronic Communica-
4
tions Privacy Act Amendments Act of 2013’’.
5
SEC. 2. CONFIDENTIALITY OF ELECTRONIC COMMUNICA-
6
TIONS.
7
Section 2702(a)(3) of title 18, United States Code,
8
is amended to read as follows:
9
‘‘(3) a provider of remote computing service or
10
electronic communication service to the public shall
11
 
2
HEN13238 S.L.C.
not knowingly divulge to any governmental entity 
1
the contents of any communication described in sec-
2
tion 2703(a), or any record or other information
3
pertaining to a subscriber or customer of such serv-
4
ice.’’.
5
SEC. 3. ELIMINATION OF 180-DAY RULE; SEARCH WARRANT
6
REQUIREMENT; REQUIRED DISCLOSURE OF
7
CUSTOMER RECORDS.
8
(a) I
N
G
ENERAL
.—Section 2703 of title 18, United
9
States Code, is amended—
10
(1) by striking subsections (a), (b), and (c) and
11
inserting the following:
12
‘‘(a) C
ONTENTS OF
 W 
IRE OR
E
LECTRONIC
C
OMMU
-
13
NICATIONS
.—A governmental entity may require the dis-
14
closure by a provider of electronic communication service
15
or remote computing service of the contents of a wire or
16
electronic communication that is in electronic storage with
17
or otherwise stored, held, or maintained by the provider
18
only if the governmental entity obtains a warrant issued
19
 using the procedures described in the Federal Rules of 
20
Criminal Procedure (or, in the case of a State court,
21
issued using State warrant procedures) that is issued by 
22
a court of competent jurisdiction directing the disclosure.
23
‘‘(b) N
OTICE
.—Except as provided in section 2705,
24
not later than 10 business days in the case of a law en-
25
 
3
HEN13238 S.L.C.
forcement agency, or not later than 3 business days in
1
the case of any other governmental entity, after a govern-
2
mental entity receives the contents of a wire or electronic
3
communication of a subscriber or customer from a pro-
4
 vider of electronic communication service or remote com-
5
puting service under subsection (a), the governmental en-
6
tity shall serve upon, or deliver to by registered or first-
7
class mail, electronic mail, or other means reasonably cal-
8
culated to be effective, as specified by the court issuing 
9
the warrant, the subscriber or customer—
10
‘‘(1) a copy of the warrant; and
11
‘‘(2) a notice that includes the information re-
12
ferred to in clauses (i) and (ii) of section
13
2705(a)(4)(B).
14
‘‘(c) R
ECORDS
C
ONCERNING
E
LECTRONIC
C
OMMU
-
15
NICATION
S
ERVICE OR
R
EMOTE
C
OMPUTING
S
ERVICE
.—
16
‘‘(1) I
N GENERAL
.—Subject to paragraph (2), a
17
governmental entity may require a provider of elec-
18
tronic communication service or remote computing 
19
service to disclose a record or other information per-
20
taining to a subscriber or customer of the provider
21
or service (not including the contents of communica-
22
tions), only if the governmental entity—
23
‘‘(A) obtains a warrant issued using the
24
procedures described in the Federal Rules of 
25

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