Sec. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT LIFE AND LIMB
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## SEC. 212 EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT LIFE AND LIMB ###
(a)Disclosure of Contents ####
(1)In general Section 2702 of title 18, United States Code, is amended— #####
(A)by striking the section heading and inserting the following: > > ## “§ 2702 Voluntary disclosure of customer communications or records” > ; #####
(B)in subsection (a)— ######
(i)in paragraph (2)(A), by striking “and” at the end; ######
(ii)in paragraph (2)(B), by striking the period and inserting “; and”; and ######
(iii)by inserting after paragraph
(2)the following: > > #### “(3) > > a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph
(1)or (2)) to any governmental entity.” > ; #####
(C)in subsection (b), by striking “Exceptions.—A person or entity” and inserting “Exceptions for disclosure of communications.— A provider described in subsection (a)”; #####
(D)in subsection (b)(6)— ######
(i)in subparagraph (A)(ii), by striking “or”; ######
(ii)in subparagraph (B), by striking the period and inserting “; or”; and ######
(iii)by adding after subparagraph
(B)the following: > > ##### “(C) > > if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay.” > ; and #####
(E)by inserting after subsection
(b)the following: > > ### “(c) Exceptions for Disclosure of Customer Records > > A provider described in subsection
(a)may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a)(1) or (a)(2))— > > > #### “(1) > > as otherwise authorized in section 2703; > > > #### “(2) > > with the lawful consent of the customer or subscriber; > > > #### “(3) > > as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; > > > #### “(4) > > to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or > > > #### “(5) > > to any person other than a governmental entity.” > . ####
(2)Technical and conforming amendment The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2702 and inserting the following:" “2702. Voluntary disclosure of customer communications or records.” ". ###
(b)Requirements for Government Access ####
(1)In general Section 2703 of title 18, United States Code, is amended— #####
(A)by striking the section heading and inserting the following: > > ## “§ 2703 Required disclosure of customer communications or records” > ; #####
(B)in subsection
(c)by redesignating paragraph
(2)as paragraph (3); #####
(C)in subsection (c)(1)— ######
(i)by striking “(A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may” and inserting “A governmental entity may require a provider of electronic communication service or remote computing service to”; ######
(ii)by striking ``covered by subsection
(a)or
(b)of this section) to any person other than a governmental entity. > > ##### “(B) > > A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection
(a)or
(b)of this section) to a governmental entity'' and inserting ``)” > ; ######
(iii)by redesignating subparagraph
(C)as paragraph (2); ######
(iv)by redesignating clauses (i), (ii), (iii), and
(iv)as subparagraphs (A), (B), (C), and (D), respectively; ######
(v)in subparagraph
(D)(as redesignated) by striking the period and inserting “; or”; and ######
(vi)by inserting after subparagraph
(D)(as redesignated) the following: > > ##### “(E) > > seeks information under paragraph (2).” > ; and #####
(D)in paragraph
(2)(as redesignated) by striking “subparagraph (B)” and insert “paragraph (1)”. ####
(2)Technical and conforming amendment The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2703 and inserting the following:" “2703. Required disclosure of customer communications or records.” ".