What CSEA does
If approved by the Senate and signed by the president, who has called for a Department of Homeland Security, the law would:
• Promise up to life terms for computer intrusions that "recklessly" put others' lives at risk. A committee report accompanying the legislation predicts: "A terrorist or criminal cyberattack could further harm our economy and critical infrastructure. It is imperative that the penalties and law enforcement capabilities are adequate to prevent and deter such attacks."
• Permit limited surveillance without a court order when there is an "ongoing attack" on an Internet-connected computer or "an immediate threat to a national security interest." That kind of surveillance would, however, be limited to obtaining a suspect's telephone number, IP address, URLs or e-mail header information--not the contents of online communications or telephone calls. Under federal law, such taps can take place when there's a threat of "serious bodily injury to any person" or activity involving organized crime.
• Change current law, which says it's illegal for an Internet provider to "knowingly divulge" what users do except in some specific circumstances, such as when it's troubleshooting glitches, receiving a court order or tipping off police that a crime is in progress. CSEA expands that list to include when "an emergency involving danger of death or serious physical injury to any person requires disclosure of the information without delay."
• Specify that an existing ban on the "advertisement" of any device that is used primarily for surreptitious electronic surveillance applies to online ads. The prohibition now covers only a "newspaper, magazine, handbill or other publication."
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