Page:United States Statutes at Large Volume 108 Part 5.djvu/802

This page needs to be proofread.

108 STAT. 4292 PUBLIC LAW 103-414—OCT. 25, 1994 "(7) the term 'scanning receiver' means a device or apparatus that can be used to intercept a wire or electronic communication in violation of chapter 119.". SEC. 207. TRANSACTIONAL DATA. (a) DISCLOSURE OF RECORDS. —Section 2703 of title 18, United States Code, is amended— (1) in subsection (c)(1)— (A) in subparagraph (B)— (i) by striking clause (i); and (ii) Dy redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively; and (B) by adding at the end the following new subparagraph: "(C) A provider of electronic communication service or remote computing service shall disclose to a governmental entity the name, address, telephone toll billing records, telephone number or other subscriber number or identity, and length or service of a subscriber to or customer of such service and the types of services the subscriber or customer utilized, when the governmental entity uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena or any means available under subparagraph (B)."; and (2) by amending the first sentence of subsection (d) to read as follows: **A court order for disclosure under subsection (b) or (c) may be issued by any court that is a cotu*t of competent jurisdiction described in section 3126(2)(A) and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation.". (b) PEN REGISTERS AND TRAP AND TRACE DEVICES. —Section 3121 of title 18, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: "(c) LIMITATION.— ^A government agency authorized to install and use a pen register under this chapter or under State law shall use technology reasonably available to it that restricts the recording or decoding of electronic or other impulses to the diahng and signaling information utilized in call processing.". SEC. 208. AUTHORIZATION FOR ACTING DEPUTY ATTORNEYS GEN- ERAL IN THE CRIMINAL DIVISION TO APPROVE CERTAIN COURT APPLICATIONS. Section 2516(1) of title 18, United States Code, is amended by inserting "or acting Deputy Assistant Attorney General" after "Deputy Assistant Attorney General". TITLE III—AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934 SEC. 301. COMPLIANCE COST RECOVERY. Title II of the Communications Act of 1934 is amended by inserting after section 228 (47 U.S.C. 228) the following new section: