Home > 105th Congressional Bills > S. 170 (rs) To provide for a process to authorize the use of clone pagers, and for other purposes. ...S. 170 (rs) To provide for a process to authorize the use of clone pagers, and for other purposes. ...
105th CONGRESS
1st Session
S. 170
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 8, 1997
Referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To provide for a process to authorize the use of clone pagers, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clone Pager Authorization Act of
1996''.
SEC. 2. WIRE AND ELECTRONIC COMMUNICATIONS.
(a) Definitions.--Section 2510(12) of title 18, United States Code,
is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by adding ``or'' at the end; and
(3) by adding at the end the following:
``(D) any communication made through a clone pager
(as that term is defined in section 3127).''
(b) Prohibition.--Section 2511(2)(h) of title 18, United States
Code, is amended by striking clause (i) and inserting the following:
``(i) to use a pen register, a trap and trace device, or a
clone pager (as those terms are defined for the purposes of
chapter 206 (relating to pen registers, trap and trace devices,
and clone pagers)); or''.
SEC. 3. AMENDMENT OF CHAPTER 206.
Chapter 206 of title 18, United States Code, is amended--
(1) in the chapter heading, by striking ``AND TRAP AND
TRACE DEVICES'' and inserting ``, TRAP AND TRACE DEVICES, AND
CLONE PAGERS'';
(2) in the chapter analysis--
(A) by striking ``and trap and trace device'' each
place that term appears and inserting ``, trap and
trace device, and clone pager'';
(B) by striking ``and trap and trace devices'' and
inserting ``, trap and trace devices, and clone
pagers''; and
(C) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(3) in section 3121--
(A) in the section heading, by striking ``and trap
and trace device'' and inserting ``, trap and trace
device, and clone pager''; and
(B) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(4) in section 3122--
(A) in the section heading by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(B) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(5) in section 3123--
(A) in the section heading, by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(B) by striking subsection (a) and inserting the
following:
``(a) In General.--Upon an application made under section 3122, the
court shall enter an ex parte order authorizing the installation and
use of a pen register or a trap and trace device within the
jurisdiction of the court, or of a clone pager for which the service
provider is subject to the jurisdiction of the court, if the court
finds that the attorney for the Government or the State law enforcement
or investigative officer has certified to the court that the
information likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation.'';
(C) in subsection (b)(1)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``, or, in
the case of a clone pager, the identity, if
known, of the person who is the subscriber of
the paging device, the communications to which
will be intercepted by the clone pager'';
(ii) in subparagraph (C), by inserting
before the semicolon the following: ``, or, in
the case of a clone pager, the number of the
paging device, communications to which will be
intercepted by the clone pager''; and
(iii) in paragraph (2), by striking ``or
trap and trace device'' and inserting ``, trap
and trace device, or clone pager'';
(D) in subsection (c), by striking ``or a trap and
trace device'' and inserting ``, a trap and trace
device, or a clone pager''; and
(E) in subsection (d)--
(i) in the subsection heading, by striking
``or a Trap and Trace Device'' and inserting
``, Trap and Trace Device, or Clone Pager'';
and
(ii) in paragraph (2), by inserting ``or
the paging device, the communications to which
will be intercepted by the clone pager,'' after
``attached,'';
(6) in section 3124--
(A) in the section heading, by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(B) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(C) by inserting after subsection (b) the
following:
``(c) Clone Pager.--Upon the request of an attorney for the
Government or an officer of a law enforcement agency authorized to
acquire and use a clone pager under this chapter, a Federal court may
order, in accordance with section 3123(b)(2), a provider of a paging
service or other person, to furnish to such investigative or law
enforcement officer, all information, facilities, and technical
assistance necessary to accomplish the operation and use of the clone
pager unobtrusively and with a minimum of interference with the
services that the person so ordered by the court accords the party with
respect to whom the programming and use is to take place.'';
(7) in section 3125--
(A) in the section heading, by striking ``and trap
and trace device'' and inserting ``, trap and trace
device, and clone pager'';
(B) in subsection (a)--
(i) by striking ``or a trap and trace
device'' and inserting ``, a trap and trace
device, or a clone pager''; and
(ii) by striking the quotation marks at the
end; and
(C) by striking ``or trap and trace device'' each
place that term appears and inserting ``, trap and
trace device, or clone pager'';
(8) in section 3126--
(A) in the section heading, by striking ``and trap
and trace devices'' and inserting ``, trap and trace
devices, and clone pagers''; and
(B) by inserting ``or clone pagers'' after
``devices''; and
(9) in section 3127--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) the term `clone pager' means a numeric display device
that receives communications intended for another numeric
display paging device;''.
Passed the Senate November 7, 1997.
Attest:
GARY SISCO,
Secretary.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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