II
109th CONGRESS
1st Session
S. 318
IN THE SENATE OF THE UNITED STATES
February 8, 2005
Mr. Feingold introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To clarify conditions for the interceptions of computer trespass communications under the USA-PATRIOT Act.
Short title
This Act may be cited as the
Computer Trespass Clarification Act of
2005
.
Amendments to title 18
Definitions
Section 2510(21)(B) of title 18, United States Code, is amended by—
inserting
or other
after contractual
; and
striking
for access
and inserting permitting
access
.
Interception and disclosure
Section 2511(2)(i) of title 18, United States Code, is amended—
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
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
.
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).