CFP'93 - Digital Telephony

102nd Congress
2nd Session

A BILL

To ensure the continuing access of law enforcement to the content of wire and electronic communications when authorized by law and for other purposes.

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

SEC. 1. FINDINGS AND PURPOSES.

(a) The Congress finds:

(1) that telecommunications systems and networks are often used in the furtherance of criminal activities including organized crime, racketeering, extortion, kidnapping, espionage, terrorism, and trafficking in illegal drugs;

(2) that recent and continuing advances in telecommunications technology, and the introduction of new technologies and transmission modes by the telecommunications industry, have made it increasingly difficult for government agencies to implement lawful orders or authorizations to intercept wire and electronic communications and thus threaten the ability of such agencies effectively to enforce the laws and protect the national security; and

(3) that without the assistance and cooperation of providers of electronic communication services and private branch exchange operators, the introduction of new technologies and transmission modes into telecommunications systems without consideration and accommodation of the need of government agencies lawfully to intercept wire and electronic communications would impede the ability of such agencies effectively to carry out their responsibilities.

(b) The purpose of this Act is to clarify the responsibilities of providers of electronic communication services and private branch exchange operators to provide such assistance as necessary to ensure the ability of government agencies to implement lawful court orders or authorizations to intercept wire and electronic communications. Nothing in this Act is intended to expand or reduce the authority of the government to lawfully intercept the content of communications. Nothing in this Act is intended to expand or reduce any criminal penalties for unlawfully intercepting the content of communications.

(a) Providers of electronic communication services and private branch exchange operators shall provide within the United States capability and capacity for the government to intercept wire and electronic communications when authorized by law:

(1) concurrent with the transmission of the communication to the recipient of the communication;

(2) in the signal form transmitted by the electronic communication services provider or private branch exchange operator that represents the content of the communication between the subject of the intercept and any individual with whom the subject is communicating, exclusive of any other signal representing the content of the communication between any other subscribers or users of the electronic communication services provider or private branch exchange operator, and including information on the individual calls (including origin, destination and other call set-up information), and services, systems, and features used by the subject of the interception;

(3) notwithstanding the mobility of the subject of the intercept or the use by the subject of the intercept of any features of the telecommunication system, including, but not limited to, speed-dialing or call forwarding features;

(4) at a government monitoring facility remote from the target facility and remote from the system of the electronic communication services provider or private branch exchange operator;

(5) without detection by the subject of the intercept or any subscriber; and

(6) without degradation of any subscriber's telecommunications service.

(b) Providers of electronic communication services within the public switched network, including local exchange carriers, cellular service providers, and interexchange carriers, shall comply with subsection (a) of this section within eighteen months from the date of enactment of this subsection.

(c) Providers of electronic communication services outside of the public switched network, including private branch exchange operators, shall comply with subsection (a) of this section within three years from the date of enactment of this subsection.

(d) The Attorney General, after consultation with the Department of Commerce, the Small Business Administration and the Federal Communications Commission, as appropriate, may except from the application of any part or all of subsections (a), (b) and (c) of this section classes and types of providers of electronic communication services and private branch exchange operators. The Attorney General may waive the application of any part or all of subsections (a), (b) and (c) of this section at the request of any provider of electronic communication services or private branch exchange operators.

(e) The Attorney General shall have exclusive authority to enforce the provisions of subsections (a), (b) and (c) of this section. The Attorney General may apply to the appropriate United States District Court for an order restraining or enjoining any violation of subsection (a), (b) or (c) of this section. The District Courts shall have jurisdiction to restrain and enjoin violations of subsections (a) of this section.

(f) Any person who willfully violates any provision of subsection (a) of this section shall be subject to a civil penalty of $10,000 per day for each day in violation. The Attorney General may file a civil action in the appropriate United States District Court to collect, and the United States District Courts shall have jurisdiction to impose, such fines.

(g) Definitions -- As used in subsections (a) through (f) of this section --

(1) 'provider of electronic communication service' or 'private branch exchange operator' means any service or operator which provides to users thereof the ability to send or receive wire or electronic communications, as those terms are defined in subsections 2510(1) and 2510(12) of Title 18, United States Code, respectively, but does not include the government of the United States or any agency thereof;

(2) 'communication' means any wire or electronic communication, as defined in subsections 2510(1) and 2510(12), of Title 18, United States Code;

(3) 'intercept' shall have the same meaning as set forth in section 2510(4) of Title 18, United States Code; and

(4) 'government' means the Government of the United States and any agency or instrumentality thereof, any state or political subdivision thereof, the District of Columbia, and any commonwealth, territory or possession of the United States.

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