HR 4922 RDS

103d CONGRESS

2d Session

H. R. 4922

IN THE SENATE OF THE UNITED STATES

OCTOBER 6 (LEGISLATIVE DAY, SEPTEMBER 12), 1994

AN ACT

To amend title 18, United States Code, to make clear a telecommunications
carrier's duty to cooperate in the interception of communications for law
enforcement purposes, and for other purposes.

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

TITLE I--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SEC. 101. SHORT TITLE.

This title may be cited as the `Communications Assistance for Law
Enforcement Act'.

SEC. 102. DEFINITIONS.

For purposes of this title:

(1) The terms defined in section 2510 of title 18, United States Code,
have, respectively, the meanings stated in that section.

(2) The term `call-identifying information' means dialing or signaling
information that identifies the origin, direction, destination, or
termination of each communication generated or received by a subscriber by
means of any equipment, facility, or service of a telecommunications
carrier.

(3) The term `Commission' means the Federal Communications Commission.

(4) The term `electronic messaging services' means software-based services
that enable the sharing of data, images, sound, writing, or other
information among computing devices controlled by the senders or recipients
of the messages.

(5) The term `government' means the government of the United States and any
agency or instrumentality thereof, the District of Columbia, any
commonwealth, territory, or possession of the United States, and any State
or political subdivision thereof authorized by law to conduct electronic
surveillance.

(6) The term `information services'--

(A) means the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available
information via telecommunications; and

(B) includes--

(i) a service that permits a customer to retrieve stored information from,
or file information for storage in, information storage facilities;

(ii) electronic publishing; and

(iii) electronic messaging services; but

(C) does not include any capability for a telecommunications carrier's
internal management, control, or operation of its telecommunications
network.

[...]

`Sec. 2602. Assistance capability requirements

`(a) Capability Requirements: Except as provided in subsections (b), (c),
and (d) of this section, and subject to section 2607(c), a
telecommunications carrier shall ensure that its services or facilities
that provide a customer or subscriber with the ability to originate,
terminate, or direct communications are capable of--

`(1) expeditiously isolating and enabling the government to intercept, to
the exclusion of any other communications, all wire and electronic
communications carried by the carrier within a service area to or from
equipment, facilities, or services of a subscriber of such carrier
concurrently with their transmission to or from the subscriber's service,
facility, or equipment or at such later time as may be acceptable to the
government;

`(2) expeditiously isolating and enabling the government to access
call-identifying information that is reasonably available to the carrier--

`(A) before, during, or immediately after the transmission of a wire or
electronic communication (or at such later time as may be acceptable to the
government); and

`(B) in a manner that allows it to be associated with the communication to
which it pertains,

except that, with regard to information acquired solely pursuant to the
authority for pen registers and trap and trace devices (as defined in
section 3127), such call-identifying information shall not include any
information that may disclose the physical location of the subscriber
(except to the extent that the location may be determined from the
telephone number);

`(3) delivering intercepted communications and call-identifying information
to the government in a format such that they may be transmitted by means of
facilities or services procured by the government to a location other than
the premises of the carrier; and

[...]