To amend section 2710 of title 18, United States Code, to clarify that a video tape service provider may obtain a consumer's informed, written consent on an ongoing basis and that consent may be obtained through the Internet.

Title I: Video Privacy Protection - Video Privacy Protection Act Amendments Act of 2012 - (Sec. 102) Amends provisions of the federal criminal code authorizing a video tape service provider to disclose personally identifiable information concerning any consumer to any person with the informed, written consent of the consumer to: (1) allow such consent to be provided through an electronic means using the Internet; (2) require such consent be in a form distinct and separate from any form setting forth other legal or financial obligations of the consumer; (3) allow such consent to be given in advance for a set period of time, not to exceed two years or until consent is withdrawn by the consumer, which ever is sooner; and (4) require the video tape service provider to provide an opportunity for the consumer to withdraw such consent on a case-by-case basis or to withdraw for ongoing disclosures, at the consumer's election.

Title II: Electronic Communications Privacy - Electronic Communications Privacy Act Amendments Act of 2012 - (Sec. 202) Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of remote computing service or electronic communication service to the public from knowingly divulging to any governmental entity the contents of any communication that is in electronic storage or otherwise maintained by the provider.

(Sec. 203) Revises provisions under which the government may require, pursuant to a warrant, the disclosure by such a provider of the contents of such communications. Eliminates the different requirements applicable under current law depending on whether such communications were stored for fewer than, or more than, 180 days.

Requires a law enforcement agency, within 10 days after receiving the contents of a customer's communication, or a governmental entity, within 3 days, to provide the customer a copy of the warrant and a notice that such information was requested by, and supplied to, the government entity.

(Sec. 204) Authorizes a governmental entity that is seeking a warrant for the contents of communications to include in the application a request for an order delaying the notification required for up to 180 days, in the case of a law enforcement agency, or up to 90 days, in the case of any other governmental entity. Authorizes a court to grant one or more of such extensions on the basis of determinations required under existing law.

Allows a governmental entity that is obtaining the contents of a communication, or information or records, to apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive is directed not to notify any other person of the existence of the directive for up to 180 days, in the case of of a law enforcement agency, or up to 90 days, in the case of any other governmental entity. Provides for further extensions.

Requires service providers, after such extension, to provide the government three business days' notice of their intent to inform a customer or subscriber that the provider has disclosed the individual's electronic communications information to the government.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2471 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2471

To amend section 2710 of title 18, United States Code, to clarify that 
a video tape service provider may obtain a consumer's informed, written 
 consent on an ongoing basis and that consent may be obtained through 
                             the Internet.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2011

Mr. Goodlatte (for himself, Mr. Coble, Mr. Sensenbrenner, and Ms. Linda 
  T. Sanchez of California) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend section 2710 of title 18, United States Code, to clarify that 
a video tape service provider may obtain a consumer's informed, written 
 consent on an ongoing basis and that consent may be obtained through 
                             the Internet.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENT.

    Section 2710(b)(2) of title 18, United States Code, is amended by 
striking subparagraph (B) and inserting the following:
                    ``(B) to any person with the informed, written 
                consent (including through an electronic means using 
                the Internet) of the consumer given at one or both of 
                the following times:
                            ``(i) The time the disclosure is sought.
                            ``(ii) In advance for a set period of time 
                        or until consent is withdrawn by such 
                        consumer.''.
                                 <all>