About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (October 3, 2000)

handle is hein.crs/crsahll0001 and id is 1 raw text is: Order Code RS20693
October 3, 2000

Electronic Communications Privacy Act of 2000
(H.R. 5018): Summary in Brief
Gina Marie Stevens
Legislative Attorney
American Law Division

Summary

The House Judiciary Committee approved the Electronic Communications Privacy
Act of 2000 (H.R. 5018) on September 26, 2000. The purpose of H.R. 5018 is to
modify certain provisions of Title 18 relating to the interception of electronic
communications, and to address some of the legal issues that the Internet raises. H.R.
5018 would (i) amend the laws governing how law enforcement may obtain non-content
information under pen register/trap and trace statutes; (ii) extend the statutory
exclusionary rule to electronic communications in transit (real-time), and to stored
electronic communications; and (iii) extend Title III's (the wiretap statute) reporting
requirements to stored electronic communications. H.R. 5018 was amended in
Committee. A similar bill has not been introduced in the Senate. Information on
amendments to the bill's during markup provisions are derived from published news
reports.
The legislation was also prompted in part by privacy concerns over the FBI's
Carnivore Internet surveillance system. Installed on the network of an Internet service
provider, Carnivore monitors communications on the network and records messages sent
or received by a targeted user. Carnivore can reportedly also provide the origin and
destination of all communications to and from a particular ISP customer. Privacy
advocates, civil libertarians, Internet users, and the computer industry expressed concern
over Carnivore's threats to the privacy and security of Internet communications.
Congressional attention was immediate with hearings on Carnivore held by the House
and Senate Judiciary Committees. At the hearings, the Department of Justice urged
Congress to update the Electronic Communications Privacy Act and the pen register and
trap/trace statutes to address criminal use of the Internet.  In July the Clinton
Administration, through the Department of Justice, transmitted to Congress proposed
legislation to amend the substantive laws defining what conduct is criminal on the
Internet, and the procedural laws used to investigate computer crimes (the federal
wiretap and electronic privacy laws). This report will be updated when warranted.
The House Judiciary Committee approved the Electronic Communications Privacy Act of
2000 (H.R. 5018) on September 26, 2000 by a 20-1 vote. H.R. 5018's chief sponsor is

Congressional Research Service   The Library of Congress

CRS Report for Congress
Received through the CRS Web

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most