To amend title 18, United States Code, with respect to disclosures to governments by communications-related service providers of certain information consisting of or relating to communications, 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 ``ECPA 2.0 Act of 2012''.
SEC. 2. WARRANT REQUIRED FOR CONTENTS OF COMMUNICATIONS.
(a) Compelled Disclosure of Communication Contents.-- (1) In general.--Section 2703 of title 18, United States Code, is amended-- (A) in subsection (a)-- (i) by striking ``in Electronic Storage'' in the subsection header; (ii) by inserting ``or remote computing service'' in the first sentence after ``electronic communication service''; (iii) by striking ``that is in electronic storage in an electronic communications system for one hundred and eighty days or less,'' and inserting ``that is stored, held, or maintained by that service,''; and (iv) by striking the final sentence and inserting ``Within three days after a governmental entity receives such contents from a service provider pursuant to this subsection, the governmental entity shall serve upon, or deliver by registered or first-class mail, or other means reasonably calculated to be effective as specified by the court issuing the warrant to the subscriber, customer, or user a copy of the warrant and a notice that includes the information referenced in section 2705(a)(4)(A) and (B)(i), except that delayed notice may be provided pursuant to section 2705 of this title.''; and (B) by...