USA ACT
USA ACT (PDF):
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COM-
MUNICATIONS.
Chapter 119 of title 18, United States Code, is
amended—
(1) in section 2510—
(A) in paragraph (17), by striking ‘‘and’’
at the end;
(B) in paragraph (18), by striking the pe-
riod and inserting a semicolon; and
(C) by inserting after paragraph (18) the
following:
‘‘(19) ‘protected computer’ has the meaning set
forth in section 1030; and
‘‘(20) ‘computer trespasser’—
‘‘(A) means a person who accesses a pro-
tected computer without authorization and thus
has no reasonable expectation of privacy in any
communication transmitted to, through, or from
the protected computer; and
‘‘(B) does not include a person known by
the owner or operator of the protected computer
to have an existing contractual relationship with
the owner or operator of the protected computer
for access to all or part of the protected com-
puter.’’; and
(2) in section 2511(2), by inserting at the end
the following:
‘‘(i) It shall not be unlawful under this chapter for
a person acting under color of law to intercept the wire
or electronic communications of a computer trespasser,
if—
‘‘(i) the owner or operator of the protected com-
puter authorizes the interception of the computer
trespasser’s communications on the protected com-
puter;
‘‘(ii) the person acting under color of law is
lawfully engaged in an investigation;
‘‘(iii) the person acting under color of law has
reasonable grounds to believe that the contents of
the computer trespasser’s communications will be
relevant to the investigation; and
‘‘(iv) such interception does not acquire commu-
nications other than those transmitted to or from
the computer trespasser.’’.
