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.] HB2216A09068 - 2 -
1 * * * 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 * * * I16L90VDL/HB2216A09068 - 3 -