Strike all after the enacating clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Wireless Privacy Enhancement Act of 1997".
SECTION 2. COMMERCE IN ELECTRONIC EAVESDROPPING DEVICES.
(a) PROHIBITION ON MODIFICATION. -- Section 302 (b) of the Communicat-
ions act of 1934 (47 U.S.C> 302 (b) is amended by inserting before the
period at the end thereof the following ". or to modify any such device,
equipment, or system in any manner that causes such device, equipment or
system to fail to comply with such regulations"
(b) PROHIBITION ON COMMERCE IN SCANNING RECEIVERS. Section 302(d)
of such Act (47 U.S.C. 302(d)) is amended to read as follows:
(d) EQUIPMENT AUTHORIZATION REGULATIONS --
(1) PRIVACY STANDARDS REQUIRED. -- The Commission shall
prescribe regulations and review and revise such regulations as
necessary in response to subsequent changes in technology or
behavior, denying equipment authorization (under part 15 of
title 47, Code of Federal Regulations, or any other part of that
title) for any scanning receiver that is capable of --
"(A) receiving transmissions in frequencies that are allocated
to the domestic cellular radio telecommunications service or
the personal communications service.
"(B) readily being altered to receive transmissions in such
frequencies
"(C) being equipped with decoders that --
"(i) convert digital domestic cellular radio telecom-
munications service, personal communications service, or
protected specialized mobile radio service transmissions
to analog voice audio, or
"(ii) convert protected paging service transmissions to
alphanumeric test; or
"(D) being equipped with devices that otherwise decode
encrypted radio transmissions for the purposes of unauthorized
interception.
"(2) PRIVACY MEASURES FOR SHARED FREQUENCIES. -- The Commission
shall, with respect to scanning receivers capable of receiving
transmissions in frequencies that are used by commercial mobile
services and that are shared by public safety users examine methods
and may prescribe such regulations as may be necessary to enhance
the privacy of users of such frequencies.
"(3) TAMPERING PREVENTION. -- In prescribing regulations pursuant
to paragraph (1), the Commission shall consider defining "capable
of readily being altered' to require scanning receivers to be
manufactured in a manner that effectively precludes alteration of
equipment features and functions as necessary to prevent commerce
in devices that may be used unlawfully to intercept or divulge
radio communication.
"(4) WARNING LABELS -- In prescribing regulations under
paragraph (1), the Commission shall consider requiring labels on
scanning receivers warning of the prohibitions in Federal law or
intentionally intercepting or divulging radio communications.
"(5) DEFINITIONS. -- As used in this subsection, the term "pro-
tected" means secured by an electronic method that is not published
or disclosed except to authorized users, as further defined by
Commission regulation"
(c) IMPLEMENTING REGULATIONS. -- Within 90 days after the date
of enactment of this Act, the Federal Communications Commis-
sion shall prescribe amendments to its regulations for the
purposes of implementing the amendments made by this section.
SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF COMMUNICATIONS.
(a) AMENDMENTS. -- Section 705 of the Communications Act of 1934
(47 U.S.C. 605 is amended --
(1) in the heading of such section, by inserting
"INTERCEPTION OR" after "UNAUTHORIZED"
(2) in the first sentence of subsection (a), by striking "Except
as authorized by chapter 119, title 18, United States Code, no
person" and inserting "No person"
(3) in the second sentence of subsection (a) --
(A) by inserting "intentionally" before "intercept" and
(B) by striking "and divulge and inserting "or divulge"
(4) by striking the last sentence of subsection (a) and inserting
the following: "Nothing in this subsection prohibits an inter-
ception or disclosure of a communication as authorized by chapter
119 of title 18 United States Code"
(5) in subsection (e)(1)--
(A) by striking "fined not more than $2,000.00 or" and
(B) by inserting "or fined under title 18 United States
Code" after "6 months" and
(6) in subsection (e)(3) by striking "any violation" and
inserting "any receipt, interception, divulgenge,
publication, or utilization of any communication in
violation" and
(7) in subsection (e)(4), by striking "any other activity
prohibited by subsection (a)" and inserting "any receipt,
interception, divulgence, publication or utilization of
any communication in violation of subsection (a)".
(b) RESPONSIBILITY FOR ENFORCEMENT. -- Notwithstanding any other
investigative or enforcement activities of any other Federal agency,
the Federal Communications Commission shall investigate alleged
violations of section 705 of the Communications Act of 1934
(47 U.S.C. 605) and may proceed to initiate action under section
503 of such Act (47 U.S.C. 503) to impose forfeiture penalties
with respect to such violation upon conclusion of the Commission's
investigation.