In particular, nothing herein is intended to enlarge or reduce the government's authority to lawfully intercept the content of communications or ins tall or use pen register or trap and trace devices, or to increase or decrease any criminal penalties for unlawfully intercepting the content of communications or installing or using pen register or trap and trace devices, or to alter the provisions regarding service provider assistance, payment for assistance, causes of action, civil liability, or good faith defenses. The Act is further intended to improve communications privacy protection for cordless telephones, certain radio-based data communications and networks, communications transmitted using certain privacy-enhancing modulation techniques, and to clarify the lawfulness of quality control and service provision monitoring of electronic communications. 16 17 18 19 20 21 22 23 24 SEC. 3. COMMON CARRIER ASSISTANCE. (a) New section. Chapter 109 of title 18, United States Code, is amended by adding the following new section: "Sec. 2237. Common carrier assistance to government agencies. "(a) Assistance requirements. Common carriers shall be required to provide forthwith, pursuant to court order or lawful authorization, the following capabilities and capacities in order to permit the government to conduct electronic surveillance and pen register and trap and trace investigations effectively: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 "(1) The ability to execute expeditiously and simultaneously within a common carrier's system all court orders and lawful authorizations for the interception of wire and electronic communications and the acquisition of call setup information related to the facilities or services of subscribers of such common carrier; "(2) the ability to intercept the content of communications and acquire call setup information concurrent with the transmission of the communication to or from the subscriber's facility or service that is the subject of the court order or lawful authorization, to the exclusion of any wire or electronic communication or call setup information of any other subscriber, notwithstanding the mobile nature of the facility or service that is the subject of the court order or lawful authorization or the use by the subscriber who is the subject of the court order or lawful authorization of any features offered by the common carrier; "(3) the ability to intercept the content of communi- . cations and acquire call setup information unobtrusively and with a minimum of interference with any subscriber's telecommunications service; and "(4) the ability to receive, in a generally available format, the intercepted content of communications and acquired call setup information at a location identified by the government distant from the facility that is the subject of the interception, from the interception access point, and from the - ε 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 premises of the common carrier (except where emergency or exigent "(b) Systems security. The government shall notify a common carrier of any interception of wire or electronic communications or any acquisition of call setup information that is to be effected within the premises of such common carrier pursuant to court order or lawful authorization. After notification, such common carrier shall designate an individual or individuals to activate such interception or acquisition forthwith. Such individual(s) shall be available at all times to activate such interceptions or acquisitions. Such interceptions or acquisitions effected within the premises of a common carrier may be activated only by the affirmative intervention of such individual(s) designated by such common carrier. "(c) Compliance date. To the extent that common carriers providing service within the United States currently cannot fulfil the requirements set forth in subsection (a) of this section, they shall fulfil such requirements within three years from the date of enactment of this Act. "(d) Cooperation of support service providers and equipment manufacturers. Common carriers shall consult, as necessary, in a timely fashion with appropriate providers of common carrier support services and telecommunications equipment manufacturers for the purpose of identifying any services or equipment, includ ing hardware and software, that may require modification so as to permit compliance with the provisions of this Act. A provider of common carrier support services or a telecommunications equipment manufacturer shall make available to a common carrier on a timely and priority basis. at a reasonable and cost-effective charge, any support service or equipment, including hardware and software, which may be required so as to permit compliance with the provisions of this Act. "(e) Enforcement. The Attorney General shall have authority to enforce the provisions of subsections (a), (b), (c), and (d) of this section. The Attorney General may apply to the appropriate United States District Court for an order restraining or enjoining the provision of service of any common carrier who violates subsection (a), (b), (c), or (d) of this section and for an order mandating the cooperation of a provider of common carrier support services or a telecommunications equipment manufacturer pursuant to the provisions in subsection (d). The District Courts shall have jurisdiction to issue such orders. The Attorney General may also request the Federal Communications Commission to assist in enforcing provisions of this Act. "(f) Penalties. Any common carrier that violates any provision of subsection (a) of this section shall be subject to a civil penalty of $10,000 per day for each day in violation. Attorney General may file a civil action in the appropriate The 21 22 23 24 25 United States District Court to collect, and the United States 26 District Courts shall have jurisdiction to impose, such penalties. After consultation with the Attorney General, the Federal Communications Commission may also impose regulatory 3 sanctions or fines otherwise authorized by law. "(g) Consultation. The Attorney General is encouraged to consult with the Federal Communications Commission and common carrier representatives and to utilize common carrier standards bodies, associations, or other such organizations to discuss details of the requirements, such as those related to capacity, and cost-effective approaches in order to facilitate compliance with the provisions of this Act. "(h) Funding. The Federal Government shall pay common carriers for reasonable and cost-effective charges directly associated with the modifications required.to assure common carrier compliance with the requirements of this Act which are incurred within the three year period set for compliance. "(i) Definitions. -- As used in this Section - (1) 'common carrier' means any person or entity engaged as a common carrier for hire, as defined by section 3 (h) of the Communications Act of 1934, and includes a commercial mobile service or interconnected service, as defined in section 6002 (b) of Public Law 103-66; (2) 'provider of common carrier support services' means any person or entity who provides services to a common carrier that are integral to processing, directing, forwarding, or completing telephone calls or electronic communication transmissions; |