S. 2434

Computer Trespass Clarification Act of 2007

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II

110th CONGRESS

1st Session

S. 2434

IN THE SENATE OF THE UNITED STATES

December 7, 2007

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.

1.

Short title

This Act may be cited as the Computer Trespass Clarification Act of 2007.

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 is attempting to respond to communications activity that threatens the integrity or operation of such computer and requests assistance to protect the rights and property of the owner or operator, and after the owner or operator of the protected computer; and

(2)

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

(c)

Report

Not later than 60 days after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary the House of Representatives on the use of section 2511 of title 18, United States Code, relating to computer trespass provisions, as amended by subsection (b), during the year before the year of that report.