To amend title 18, United States Code, to protect the reasonable expectation of privacy of users of e-mail, and for other purposes.

July 22, 2004

Mr. NADLER (for himself, Ms. SCHAKOWSKY, Mr. KUCINICH, and Mrs. MALONEY) introduced the following bill; which was referred to the Committee on the Judiciary

To amend title 18, United States Code, to protect the reasonable expectation of privacy of users of e-mail, 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 `E-mail Privacy Protection Act of 2004'.

SEC. 2. INTERCEPTION OF ELECTRONIC COMMUNICATIONS DURING TRANSMISSION.

Section 2510(12) of title 18, United States Code, is amended by inserting `and includes any temporary, intermediate storage of that communication incidental to the electronic transmission thereof,' after `commerce,'.

SEC. 3. IMPROPER ACQUISITION OF CONTENTS OF STORED ELECTRONIC COMMUNICATIONS BY ELECTRONIC COMMUNICATIONS PROVIDERS.

Section 2701 of title 18, United States Code, is amended by adding at the end the following:

`(d) Improper Acquisition by Service Provider- Whoever, being a provider of an electronic communication service, or an agent or employee of such a provider, acquires or uses the contents of a stored electronic communication of which that provider, agent, or employee is not an intended recipient other than for the purposes of providing that electronic communication service, shall be fined under this title or imprisoned not more than 5 years, or both.'.

END