H.R. 699 — what changed

added “(1) to an originator, addressee, or intended recipient of such communication, to the subscriber or customer on whose behalf the provider stores, holds, or maintains such communication, or to an agent of such addressee, intended recipient, subscriber, or customer;”

added “(3) with the lawful consent of the originator, addressee, or intended recipient of such communication, or of the subscriber or customer on whose behalf the provider stores, holds, or maintains such communication;”

added “(2) with the lawful consent of the subscriber or customer;”

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

removed “(3) 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 2703(a), or any record or other information pertaining to a subscriber or customer of such service.”

added Section 2703 of title 18, United States Code, is amended—

added “(a) Contents of wire or electronic communications in electronic storage—Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that—

added “(1) is issued by a court of competent jurisdiction; and

added “(2) may indicate the date by which the provider must make the disclosure to the governmental entity.

added “(b) Contents of wire or electronic communications in a remote computing service

added “(1) In general—Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of remote computing service of the contents of a wire or electronic communication that is stored, held, or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that—

added “(A) is issued by a court of competent jurisdiction; and

added “(B) may indicate the date by which the provider must make the disclosure to the governmental entity.

added “(2) Applicability—Paragraph (1) is applicable with respect to any wire or electronic communication that is stored, held, or maintained by the provider—

added “(A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communication received by means of electronic transmission from), a subscriber or customer of such remote computing service; and

added “(B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing.

removed “(a) 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 stored, held, 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 (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.

removed “(b) Notice—Except as provided in section 2705, not later than 10 business days in the case of a law enforcement agency, or not later than 3 business days in the case of any other governmental entity, 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 (a), 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—

removed “(1) a copy of the warrant; and

removed “(2) a notice that includes the information referred to in clauses (i) and (ii) of section 2705(a)(4)(B).

“(c) Records concerning electronic communication service or remote computing service

added “(1) In general—Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of a record or other information pertaining to a subscriber to or customer of such service (not including the contents of wire or electronic communications), only—

added “(A) if a governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that—

added “(i) is issued by a court of competent jurisdiction directing the disclosure; and

added “(ii) may indicate the date by which the provider must make the disclosure to the governmental entity;

added “(B) if a governmental entity obtains a court order directing the disclosure under subsection (d);

added “(C) with the lawful consent of the subscriber or customer; or

added “(D) as otherwise authorized in paragraph (2).

added “(2) Subscriber or customer Information—A provider of electronic communication service or remote computing service shall, in response to an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or any means available under paragraph (1), disclose to a governmental entity the—

removed “(1) In general—Subject to paragraph (2), 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 (not including the contents of communications), only if the governmental entity—

removed “(A) obtains a warrant issued using the procedures described in 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;

removed “(B) obtains a court order directing the disclosure under subsection (d);

removed “(C) has the consent of the subscriber or customer to the disclosure; or

removed “(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).

removed “(2) Information to be disclosed—A provider of electronic communication service or remote computing service shall, in response to an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or any means authorized under paragraph (1), disclose to a governmental entity the—

“(A) name;

“(B) address;

“(C) local and long distance telephone connection records, or records of session times and durations;

“(D) length of service (including start date) and types of service used;

added “(E) telephone or instrument number or other subscriber or customer number or identity, including any temporarily assigned network address; and

added “(F) means and source of payment for such service (including any credit card or bank account number);

removed “(E) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and

removed “(F) means and source of payment for such service (including any credit card or bank account number), of a subscriber or customer of such service.

“(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.”

added “(h) Notice—Except as provided in section 2705, a provider of electronic communication service or remote computing service may notify a subscriber or customer of a receipt of a warrant, court order, subpoena, or request under subsection (a), (b), (c), or (d) of this section.

added “(i) Rule of construction related to legal process—Nothing in this section or in section 2702 shall limit the authority of a governmental entity to use an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction to—

added “(1) require an originator, addressee, or intended recipient of a wire or electronic communication to disclose a wire or electronic communication (including the contents of that communication) to the governmental entity;

added “(2) require a person or entity that provides an electronic communication service to the officers, directors, employees, or agents of the person or entity (for the purpose of carrying out their duties) to disclose a wire or electronic communication (including the contents of that communication) to or from the person or entity itself or to or from an officer, director, employee, or agent of the entity to a governmental entity, if the wire or electronic communication is stored, held, or maintained on an electronic communications system owned, operated, or controlled by the person or entity; or

added “(3) require a person or entity that provides a remote computing service or electronic communication service to disclose a wire or electronic communication (including the contents of that communication) that advertises or promotes a product or service and that has been made readily accessible to the general public.

added “(j) Rule of construction related to Congressional subpoenas—Nothing in this section or in section 2702 shall limit the power of inquiry vested in the Congress by Article I of the Constitution of the United States, including the authority to compel the production of a wire or electronic communication (including the contents of a wire or electronic communication) that is stored, held, or maintained by a person or entity that provides remote computing service or electronic communication service.”

removed “(h) Rule of construction—Nothing in this section or in section 2702 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 jury, trial, or civil discovery subpoena to—

removed “(1) require an originator, addressee, or intended recipient of an electronic communication to disclose the contents of the electronic communication to the governmental entity; or

removed “(2) require an entity that provides electronic communication services to the officers, directors, employees, or agents of the entity (for the purpose of carrying out their duties) to disclose the contents of an electronic communication to or from an officer, director, employee, or agent of the entity to a governmental entity, if the electronic communication is held, stored, or maintained on an electronic communications system owned or operated by the entity.”

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

“2705. Delayed notice

changed “(a) Delay In general—A governmental entity acting under section 2703 may apply to a court for an order directing a provider of notificationelectronic communication service or remote computing service to which a warrant, order, subpoena, or other directive under section 2703 is directed not to notify any other person of the existence of the warrant, order, subpoena, or other directive.

changed “(1) In general—A governmental entity that is seeking a warrant under section 2703(a) may include in the application for the warrant “(b) Determination—A court shall grant a request for an order delaying the notification required made under section 2703(b) subsection (a) for a period delayed notification of not more than up to 180 days in if the case court determines that there is reason to believe that notification of a law enforcement agency, or not more than 90 days in the case existence of any the warrant, order, subpoena, or other governmental entity.directive will likely result in—

changed “(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 “(1) endangering the existence life or physical safety of the warrant may result in—an individual;

changed “(A) endangering the life or physical safety of an individual;“(2) flight from prosecution;

changed “(B) flight from prosecution;“(3) destruction of or tampering with evidence;

changed “(C) destruction “(4) intimidation of or tampering with evidence;potential witnesses; or

changed “(D) intimidation of potential witnesses; or“(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

changed “(E) otherwise seriously jeopardizing an investigation or unduly delaying “(c) Extension—Upon request by a trial.governmental entity, a court may grant one or more extensions, for periods of up to 180 days each, of an order granted in accordance with subsection (b).”

removed “(3) Extension—Upon request by a governmental entity, a court may grant one or more extensions of the delay of notification granted under paragraph (2) of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity.

removed “(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—

removed “(A) a copy of the warrant; and

removed “(B) notice that informs the customer or subscriber—

removed “(i) of the nature of the law enforcement inquiry with reasonable specificity;

removed “(ii) 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 to, or requested by, the governmental entity;

removed “(iii) 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 entity;

removed “(iv) that notification of the customer or subscriber was delayed;

removed “(v) the identity of the court authorizing the delay; and

removed “(vi) of the provision of this chapter under which the delay was authorized.

removed “(b) Preclusion of notice to subject of governmental access

removed “(1) In general—A governmental entity that is obtaining the contents of a communication or information or records under section 2703 may apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive under section 2703 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 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity.

removed “(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—

removed “(A) endangering the life or physical safety of an individual;

removed “(B) flight from prosecution;

removed “(C) destruction of or tampering with evidence;

removed “(D) intimidation of potential witnesses; or

removed “(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

removed “(3) Extension—Upon request by a governmental entity, a court may grant one or more extensions of an order granted under paragraph (2) of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity.

removed “(4) Prior notice to law enforcement—Upon expiration of the period of delay of notice under this section, and not later than 3 business days before providing notice to a customer or subscriber, 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 2703 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 warrant, order, or subpoena seeking that information.

removed “(c) Definition—In this section and section 2703, the term law enforcement agency means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law, or any other Federal or State agency conducting a criminal investigation.”

changed Not later than September 30, 2017, the Comptroller General of the United States Nothing in this Act or an amendment made by this Act shall submit be construed to Congress a report regarding preclude the disclosure of customer communications and records under section 2703 of title 18, acquisition by the United States Code, which shall include—Government of—