BILL NUMBER: AB 1604	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 22, 2012

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 amended, 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
  transmitted to, through, or from the computer system
if authorized  by the owner  or operator  of
the computer system  and being engaged in an investigation
  for the sole purpose of recovering the computer system
 .  The bill would also authorize law enforcement officers
to use information gathered from those transmissions for the sole
purpose of recovering the computer system. 
   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
  It shall not be unlawful under this chapter for a
 person  may   to  intercept the wire
or electronic transmissions of a computer trespasser  if all
of the following conditions are met:   transmitted to,
through,   or from a computer system if the owner of the
computer system authorizes the interception of the computer
trespasser's communications for the sole purpose of recovering the
computer system.  
   (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:  
   (b) It shall not be unlawful under this chapter for a law
enforcement officer to use information gathered pursuant to
subdivision (a) for the sole purpose of recovering a computer system.
 
   (c) "Computer system" shall have the same meaning as in paragraph
(5) of subdivision (b) of Section 502.  
   (1) 
    (d)  "Computer trespasser" means a person who 
unlawfully possesses or  accesses a computer system without
 the  authorization  of the person who owns
or has legal possession of the computer system  .  A
person known by the owner 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 while acting
within the scope of the contractual relationship is not a computer
trespasser.  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.