Computer Trespass Clarification Act of 2005

The Computer Trespass Clarification Act of 2005 (S. 318) was a bipartisan proposal designed to narrow the government’s authority to monitor computer users without a warrant. The bill sought to update the USA PATRIOT Act by refining the definition of a "computer trespasser" to ensure that individuals with an existing relationship with a computer owner—such as employees or subscribers—could not be subjected to warrantless surveillance under trespass laws.

Under this legislation, computer owners could only authorize law enforcement to intercept communications if they were actively responding to a specific threat against the computer’s integrity or operation. Additionally, the bill would have established a 96-hour limit on such warrantless surveillance and required the Attorney General to provide annual reports to Congress on how these powers were being used. The practical impact for citizens would have been increased privacy protections and stricter oversight regarding when and how the government can monitor digital communications.