To clarify conditions for the interceptions of computer trespass communications under the USA-PATRIOT Act.

February 8, 2005

Mr. FEINGOLD introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To clarify conditions for the interceptions of computer trespass communications under the USA-PATRIOT Act.

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 `Computer Trespass Clarification Act of 2005'.

SEC. 2. AMENDMENTS TO TITLE 18.

(a) Definitions- Section 2510(21)(B) of title 18, United States Code, is amended by--

(1) inserting `or other' after `contractual'; and

(2) striking `for access' and inserting `permitting access'.

(b) Interception and Disclosure- Section 2511(2)(i) of title 18, United States Code, is amended--

(1) in clause (I), by inserting after `the owner or operator of the protected computer' the following: `is attempting to respond to communications activity that threatens the integrity or operation of such computer and requests assistance to protect rights and property of the owner or operator, and'; and

(2) in clause (IV), by inserting after `interception' the following: `ceases as soon as the communications sought are obtained or after 96 hours, whichever is earlier, unless an interception order is obtained under this chapter, and'.

(c) Report- The Attorney General shall, within 60 days of enactment and annually thereafter, report to the Committees on the Judiciary of the Senate and the House of Representatives on the use during the previous year of section 2511 of title 18, United States Code, relating to computer trespass provisions as amended by subsection (b).

END