Bill Text: CA AB1604 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Invasion of privacy: computer crimes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-10 - In committee: Hearing postponed by committee. [AB1604 Detail]

Download: California-2011-AB1604-Introduced.html

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BILL NUMBER: AB 1604	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 7, 2012

   An act to add Section 632.2 to the Penal Code, relating to
wiretapping.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1604, as introduced, Campos. Invasion of privacy: computer
crimes.
   Existing law makes it a misdemeanor to, by means of any machine,
instrument, or contrivance, or in any other manner, intentionally
tap, or make an unauthorized connection, whether physically,
electrically, acoustically, inductively, or otherwise, with a
telegraph or telephone wire, line, cable, or instrument, including
the wire, line, cable, or instrument of an internal telephonic
communication system, or to willfully and without the consent of all
parties to the communication, or in any unauthorized manner, read or
attempt to read, or to learn the contents or meaning of a message,
report, or communication while the same is in transit or passing over
a wire, line, or cable, or is being sent from, or received at any
place within this state. Existing law also makes it a misdemeanor to
intentionally and without the consent of all parties to a
confidential communication, by means of any electronic amplifying or
recording device, eavesdrop upon or record the confidential
communication, whether the communication is carried on among the
parties in the presence of one another or by means of a telegraph,
telephone, or other device, except a radio.
   This bill would authorize a person to intercept the wire or
electronic transmissions of a computer trespasser, as defined, if
specified conditions are met, including authorization by the owner or
operator of the computer system and being engaged in an
investigation.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 632.2 is added to the Penal Code, to read:
   632.2.  (a) Notwithstanding other provisions of law, a person may
intercept the wire or electronic transmissions of a computer
trespasser if all of the following conditions are met:
   (1) The communications are transmitted from, to, or through a
computer system.
   (2) The owner or operator of the computer system authorizes the
interception of the communication.
   (3) The person is engaged in an investigation.
   (4) The person has reason to believe that the information
intercepted will be relevant to the investigation.
   (5) The interception does not acquire information other than that
transmitted to, from, or through the computer system by the computer
trespasser.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Computer trespasser" means a person who accesses a computer
system without the authorization of the person who owns or has legal
possession of the computer system. A computer trespasser has no
reasonable expectation of privacy in communications made to, from, or
through the computer system. A person known by the owner or operator
of the computer system to have an existing contractual relationship
with the owner or operator of the computer system for access to all
or part of the computer system shall not be considered a computer
trespasser.
   (2) "Computer system" shall have the same meaning as in paragraph
(5) of subdivision (b) of Section 502.