[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 318 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 318

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


_______________________________________________________________________


                   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.

    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).
                                 <all>