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Cyber Security - the Laws that Govern Incident Response - page 11 / 38

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Allows law enforcement to intercept communications to or from “computer trespassers” 18 U.S.C. 2510(21)

Pre-PATRIOT ACT, system owners could monitor systems to “protect property,”

was unclear whether they could use/disclose information to LE

would be as counterintuitive as requiring a warrant to assist a burglary victim

PATRIOT Act created the trespasser exception

Even if trespasser is using system as a pass-through to other down-stream victims

A “computer trespasser”

Is a person who accesses network “without authorization” and “thus has no reasonable expectation of privacy…”

Excludes a person known by the provider to have an existing contractual relationship with the provider for use of the system (even if contract is to access a different part of the system)

2f. Monitoring Communications During an Incident; Trespasser Exception

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