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S. 1973 (105th): Telephone Privacy Act of 1998

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The text of the bill below is as of Apr 23, 1998 (Introduced). The bill was not enacted into law.

S 1973 IS

105th CONGRESS

2d Session

S. 1973

To amend section 2511 of title 18, United States Code, to revise the consent exception to the prohibition on the interception of oral, wire, or electronic communications.

IN THE SENATE OF THE UNITED STATES

April 23, 1998

Mr. BUMPERS (for himself, Mr. CHAFEE, Mr. HOLLINGS, Mrs. BOXER, Mr. TORRICELLI, and Mr. WELLSTONE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend section 2511 of title 18, United States Code, to revise the consent exception to the prohibition on the interception of oral, wire, or electronic communications.

    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 ‘Telephone Privacy Act of 1998’.

SEC. 2. REVISION OF CONSENT EXCEPTION TO PROHIBITION ON INTERCEPTION OF ORAL, WIRE, OR ELECTRONIC COMMUNICATIONS.

    Section 2511(2)(d) of title 18, United States Code, shall be revised to read as follows:

    ‘(d)(i) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where all parties to the communication have given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

    ‘(ii) Notwithstanding subparagraph (i), a person may intercept a wire, oral, or electronic communication where such person is a party to the communication and the communication conveys threats of physical harm, harassment or intimidation.’.