H2216B3331A09068 VDL:CMM 09/16/08 #90 A09068
AMENDMENTS TO HOUSE BILL NO. 2216
Sponsor: REPRESENTATIVE VEREB
Printer's No. 3331
1 Amend Title, page 1, line 2, by inserting after "Statutes,"
2 in wiretapping and electronic surveillance,
3 Amend Title, page 1, line 3, by striking out "and"
4 Amend Title, page 1, line 6, by inserting after "evidence,"
5 for disclosure of contents,
6 Amend Title, page 1, line 7, by removing the period after
7 "expiration" and inserting
8 ; and making an editorial change.
9 Amend Bill, page 3, by inserting between lines 17 and 18
10 Section 3.1. Section 5742 heading and (a) introductory
11 paragraph of Title 18 are amended, subsection (a) is amended by
12 adding a paragraph and the section is amended by adding
13 subsections to read:
14 § 5742. Disclosure of contents and records.
15 (a) Prohibitions.--Except as provided in subsection (b) and
16 (c):
17 * * *
18 (3) A person or entity providing an electronic
19 communication service or remote computing service to the
20 public shall not knowingly divulge a record or other
21 information pertaining to a subscriber to, or customer of,
22 the service.
23 ** *
24 (c) Exceptions for disclosure of records or other
25 information.--A person or entity may divulge a record or other
26 information pertaining to a subscriber to, or customer of, the
27 service if any of the following paragraphs apply:
28 (1) A record or other information may be divulged
29 incident to any service or other business operation or to the
30 protection of the rights or property of the provider.
31 (2) A record or other information may be divulged to any
32 of the following:
33 (i) An investigative or law enforcement official as
34 authorized in section 5743.
35 (ii) The subscriber or customer upon request.
1 (iii) A third party, upon receipt from the requester
2 of adequate proof of lawful consent from the subscriber
3 to, or customer of, the service to release the
4 information to the third party.
5 (iv) A party to a legal proceeding, upon receipt
6 from the party of a court order entered under subsection
7 (c.1). This subparagraph does not apply to an
8 investigative or law enforcement official authorized
9 under section 5743.
10 (3) Notwithstanding paragraph (2), a record or other
11 information may be divulged as authorized by a Commonwealth
12 statute or as authorized by a Commonwealth regulatory agency
13 with oversight over the person or entity.
14 (4) Subject to paragraph (2), a record or other
15 information may be divulged as authorized by Federal law or
16 as authorized by a Federal regulatory agency having oversight
17 over the person or entity.
18 (c.1) Order for release of records.--
19 (1) An order to divulge a record or other information
20 pertaining to a subscriber or customer under subsection
21 (c)(2)(iv) must be approved by a court presiding over the
22 proceeding in which a party seeks the record or other
23 information.
24 (2) The order may be issued only after the subscriber or
25 customer received notice from the party seeking the record
26 information and was given an opportunity to be heard.
27 (3) The court may issue a preliminary order directing
28 the provider to furnish the court with the identity of or
29 contact information for the subscriber or customer if the
30 party does not possess this information.
31 (4) An order for disclosure of a record or other
32 information shall be issued only if the party seeking
33 disclosure demonstrates specific and articulable facts to
34 show that there are reasonable grounds to believe that the
35 record or other information sought is relevant and material
36 to the proceeding. In making its determination, the court
37 shall consider the totality of the circumstances, including
38 input of the subscriber or customer, if any, and the likely
39 impact of the provider.
40 Amend Sec. 4, page 3, line 18, by striking out "5743(d)" and
41 inserting
42 5743(c)(1) and (d), 5746(a)
43 Amend Sec. 4 (Sec. 5743), page 3, by inserting between lines
44 21 and 22
45 (c) Records concerning electronic communication service or
46 remote computing service.--
47 [(1) Except as provided in paragraph (2), a provider of
48 electronic communication service or remote computing service
49 may disclose a record or other information pertaining to a
50 subscriber to or customer of the service, not including the
51 contents of communication covered by subsection (a) or (b),
52 to any person other than an investigative or law enforcement
53 officer.]
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2 Amend Sec. 4 (Sec. 5743), page 4, by inserting between lines
3 6 and 7
4 § 5746. Cost reimbursement.
5 (a) Payment.--Except as otherwise provided in subsection
6 (c), an investigative or law enforcement officer obtaining the
7 contents of communications, records or other information under
8 section 5742 (relating to disclosure of contents and records),
9 5743 (relating to requirements for governmental access) or 5744
10 (relating to backup preservation) shall reimburse the person or
11 entity assembling or providing the information for such costs as
12 are reasonably necessary and which have been directly incurred
13 in searching for, assembling, reproducing and otherwise
14 providing the information. Reimbursable costs shall include any
15 costs due to necessary disruption of normal operations of any
16 electronic communication service or remote computing service in
17 which the information may be stored.
18 * * *
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