SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT LIFE AND LIMB.
(a) Disclosure of Contents.--
(1) In general.--
Section 2702 of title 18, United States Code, is amended--
(A) by striking the section heading and inserting the following: "Sec. 2702. Voluntary disclosure of customer communications or records";
(B) in subsection (a)--
(i) in paragraph (2)(A), by striking "and" at the end;
(ii) in paragraph (2)(B), by striking the period and inserting "; and"; and
(iii) by inserting after paragraph (2) the following:
"(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental entity." ;
(C) in subsection (b), by striking "Exceptions.--A person or entity" and inserting "Exceptions for disclosure of communications.-- A provider described in subsection (a)";
(D) in subsection (b)(6)--
(i) in subparagraph (A)(ii), by striking "or";
(ii) in subparagraph (B), by striking the period and inserting "; or"; and
(iii) by adding after subparagraph (B) the following:
"(C) if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay." ; and
(E) by inserting after subsection (b) the following:
"(c) Exceptions for Disclosure of Customer Records.--
A provider described in subsection (a) may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a)(1) or (a)(2))--
"(1) as otherwise authorized in section 2703;
"(2) with the lawful consent of the customer or subscriber;
"(3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;
"(4) to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or
"(5) to any person other than a governmental entity." .
(2) Technical and conforming amendment.--
The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2702 and inserting the following:
"2702. Voluntary disclosure of customer communications or records." .
(b) Requirements for Government Access.--
(1) In general.--Section 2703 of title 18, United States Code, is amended--
(A) by striking the section heading and inserting the following: "Sec. 2703. Required disclosure of customer communications or records";
(B) in subsection (c) by redesignating paragraph (2) as paragraph (3);
(C) in subsection (c)(1)--
(i) by striking "(A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may" and inserting "A governmental entity may require a provider of electronic communication service or remote computing service to";
(ii) by striking "covered by subsection (a) (b) of this section) to any person other than a governmental entity." (B) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to a governmental entity" and inserting ")";
(iii) by redesignating subparagraph (C) as paragraph (2);
(iv) by redesignating clauses (i), (ii), iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively;
(v) in subparagraph (D) (as redesignated) by striking the period and inserting "; or"; and
(vi) by inserting after subparagraph (D) (as redesignated) the following: "(E) seeks information under paragraph (2)." ; and
(D) in paragraph (2) (as redesignated) by striking "subparagraph (B)" and insert "paragraph (1)".
(2) Technical and conforming amendment.--
The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2703 and inserting the following:
"2703. Required disclosure of customer communications or records." .
