HEN16529

S.L.C.

AMENDMENT NO.llll

Calendar No.lll

Purpose: To provide an exception for emergency disclosures
of communications.
IN THE SENATE OF THE UNITED STATES—114th Cong., 2d Sess.

S. 356
To improve the provisions relating to the privacy of electronic
communications.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENTS intended to be proposed by Mr. SESSIONS
Viz:
1

In subsection (a)(1) of section 2703 of title 18,

2 United States Code, as amended by the bill, strike ‘‘sub3 sections (i) and (j)’’ and insert ‘‘subsections (i), (j), and
4 (k)’’.

5

In subsection (b)(1)(A) of section 2703 of title 18,

6 United States Code, as amended by the bill, strike ‘‘sub7 sections (i) and (j)’’ and insert ‘‘subsections (i), (j), and
8 (k)’’.

9

In subsection (c)(1) of section 2703 of title 18,

10 United States Code, as amended by the bill, strike ‘‘sub-

 HEN16529

S.L.C.

2
1 sections (i) and (j)’’ and insert ‘‘subsections (i), (j), and
2 (k)’’.

3

In section 2703 of title 18, United States Code, as

4 amended by the bill, add at the end the following:
5

‘‘(k) EXCEPTION

FOR

EMERGENCY DISCLOSURES

OF

6 COMMUNICATIONS.—
7

‘‘(1) IN

GENERAL.—A

provider of electronic

8

communication service or remote computing service

9

shall disclose to a governmental entity a wire or elec-

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tronic communication (including the contents of the

11

communication) and a record or other information

12

pertaining to a subscriber or customer if a rep-

13

resentative of the governmental entity reasonably

14

certifies under penalty of perjury that an emergency

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involving the danger of death or serious physical in-

16

jury requires disclosure without delay.

17

‘‘(2) REQUIREMENTS.—A certification under

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paragraph (1) regarding an emergency shall in-

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clude—

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‘‘(A) a short statement of facts in support
of the emergency; and
‘‘(B) an explanation of why the facts require disclosure without delay.’’.