Breadth
Did you know that the US Congress is in charge of all devices worldwide? Let me explain.
Legislation that has something to do with computers often uses the defined term “protected computer.” I recently looked up that definition, which is found in 18 USC Sec. 1030(e)(1). It's an emotionally powerful definition. It's breathtaking. It's almost spiritual in its sweep.
First, the term “computer” is defined as:
an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions
In other words, any device you can think of that has something to do with data processing. That's a lot of devices. But wait — there's more:
and includes any data storage facility or communications facility directly related to or operating in conjunction with such device
So that means any wires or wireless communications or storage or almost anything else you can think of that is associated with communications or devices. Anything.
Luckily, Congress was sensible and excluded from this definition:
automated typewriters or typesetters, portable hand held calculators, or other similar devices.
Phew. Your slide rule is not included in the definition of “computer.” But everything else is.
Now we know what a computer is — what's a protected computer? Well, in addition to devices used by financial institutions, a protected computer is a computer that:
is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
So a protected computer is any device, anywhere, that “affects” commerce or communication by the US. That could mean every single router, wire, backbone, gateway. That means the internet is a protected computer.
Where am I going with this? Well, both the SPY BLOCK act, S. 687, and the SPY ACT, HR 29, use this defined term “protected computer.” The Spy Block Act, for example, says it's unlawful for anyone who isn't an “authorized user” of a protected computer to cause software to be installed secretly on that computer. It's illegal to prevent a “user” of a protected computer from having an opportunity to knowingly grant consent to that installation.
The sweep of this illegality is amazing. It will be unlawful for any communications device to experience automatic installations that aren't upgrades or network security fixes. That's really something.
We're in control.