Washington DC (October 29, 1997) Today HR2369 had major changes made to it in the "Mark Up Session". At the beginning of the session Mr. Tauzin acknowledged that the original version of the bill was too broad and that it was never his intention to rule out the legitimate use of scanners. He also thanked the scanner community as well as manufacturers for making him aware of the problems with the original version. Yes, indeed, your letters have made a difference.
When you read this version of the bill you will note that the reference to CMRS (Commercial Mobile Radio Service) has all but been eliminated from the bill with one small exception. The exception indicates that FCC "shall examine methods and may prescribe such regulations as be necessary to enhance the privacy of the users of the CMRS frequencies which are shared by public safety users. This will take the problem out of the hands of Congress and leave any tweaking of the security precautions in the hands of the FCC, the agency who afterall, has a much better knowledge of the spectrum and its uses as well as technical standards of encryption that could be used by CMRS users which would protect their communications.

So here is the revised bill:

Amendment In The Nature of A Substitute to H.R. 2369 Offered By Mr. Tauzin of Louisiana


     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.
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