HR 2290 IHCommentsClose CommentsPermalink

To amend title 18, United States Code, to better assure cyber-security, and for other purposes.CommentsClose CommentsPermalink

May 14, 2007

Mr. SCHIFF (for himself, Mr. CHABOT, Mr. DELAHUNT, Mr. DANIEL E. LUNGREN of California, Mr. DAVIS of Alabama, Ms. CARSON, Mr. GOODLATTE, Ms. ESHOO, Mr. WEXLER, Mr. ISSA, Ms. LINDA T. SANCHEZ of California, Mr. MCCAUL of Texas, and Mr. THOMPSON of Mississippi) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend title 18, United States Code, to better assure cyber-security, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Cyber-Security Enhancement Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. PERSONAL ELECTRONIC RECORDS.

Section 1030(a)(2) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `or' at the end of subparagraph (B); andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(D) a unique electronic identification number, address or routing code, or access device (as defined in section 1029(e)(1)), from a protected computer; or'.CommentsClose CommentsPermalink

SEC. 3. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL PENALTIES.

(a) Broadening of Scope- Section 1030(e)(2)(B) of title 18, United States Code, is amended by inserting `or affecting' after `which is used in'.CommentsClose CommentsPermalink





(b) Elimination of Requirement of an Interstate or Foreign Communication for Certain Offenses Involving Protected Computers- Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking `if the conduct involved an interstate or foreign communication'.CommentsClose CommentsPermalink

SEC. 4. RICO PREDICATES.

Section 1961(1)(B) of title 18, United States Code, is amended by inserting `section 1030 (relating to fraud and related activity in connection with computers),' before `section 1084'.CommentsClose CommentsPermalink

SEC. 5. CYBER-EXTORTION.

Section 1030(a)(7) of title 18, United States Code, is amended by inserting `, or to access without authorization or exceed authorized access to a protected computer' after `cause damage to a protected computer'.CommentsClose CommentsPermalink

SEC. 6. CONSPIRACY TO COMMIT CYBER-CRIMES.

Section 1030(b) of title 18, United States Code, is amended by inserting `or conspires' after `attempts'.CommentsClose CommentsPermalink

SEC. 7. PENALTIES FOR SECTION 1030 VIOLATIONS.

Subsection (c) of section 1030 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(c) The court, in imposing sentence for an offense under subsection (a) or (b), shall, in addition to any other sentence imposed and irrespective of any provision of State law, order that the person forfeit to the United States--CommentsClose CommentsPermalink





`(1) the person's interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; andCommentsClose CommentsPermalink





`(2) any property, real or personal, constituting or derived from, any proceeds the person obtained, directly or indirectly, as a result of such violation.'.CommentsClose CommentsPermalink

SEC. 8. DIRECTIVE TO SENTENCING COMMISSION.

(a) Directive- Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall forthwith review its guidelines and policy statements applicable to persons convicted of offenses under sections 1028, 1028A, 1030, 1030A, 2511 and 2701 of title 18, United States Code and any other relevant provisions of law, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by such guidelines and policy statements.CommentsClose CommentsPermalink





(b) Requirements- In determining its guidelines and policy statements on the appropriate sentence for the crimes enumerated in paragraph (a), the Commission shall consider the extent to which the guidelines and policy statements may or may not account for the following factors in order to create an effective deterrent to computer crime and the theft or misuse of personally identifiable data--CommentsClose CommentsPermalink





(1) the level of sophistication and planning involved in such offense;CommentsClose CommentsPermalink





(2) whether such offense was committed for purpose of commercial advantage or private financial benefit;CommentsClose CommentsPermalink





(3) the potential and actual loss resulting from the offense;CommentsClose CommentsPermalink





(4) whether the defendant acted with intent to cause either physical or property harm in committing the offense;CommentsClose CommentsPermalink





(5) the extent to which the offense violated the privacy rights of individuals;CommentsClose CommentsPermalink





(6) the effect of the offense upon the operations of a government agency of the United States, or of a State or local government;CommentsClose CommentsPermalink





(7) whether the offense involved a computer used by the government in furtherance of national defense, national security or the administration of justice;CommentsClose CommentsPermalink





(8) whether the offense was intended to, or had the effect of significantly interfering with or disrupting a critical infrastructure;CommentsClose CommentsPermalink





(9) whether the offense was intended to, or had the effect of creating a threat to public health or safety, injury to any person, or death; andCommentsClose CommentsPermalink





(10) whether the defendant purposefully involved a juvenile in the commission of the offense to avoid punishment.CommentsClose CommentsPermalink





(c) Additional Requirements- In carrying out this section, the Commission shall--CommentsClose CommentsPermalink





(1) assure reasonable consistency with other relevant directives and with other sentencing guidelines;CommentsClose CommentsPermalink





(2) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;CommentsClose CommentsPermalink





(3) make any conforming changes to the sentencing guidelines; andCommentsClose CommentsPermalink





(4) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.CommentsClose CommentsPermalink

SEC. 9. DAMAGE TO PROTECTED COMPUTERS.

(a) Section 1030(a)(5)(B) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `or' at the end of clause (iv);CommentsClose CommentsPermalink





(2) by inserting `or' at the end of clause (v); andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(vi) damage affecting ten or more protected computers during any 1-year period.'.CommentsClose CommentsPermalink





(b) Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking `(v) (relating to protection of computers)' and inserting `(vi) (relating to the protection of computers)'.CommentsClose CommentsPermalink

SEC. 10. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS.

(a) Additional Funding for Resources-CommentsClose CommentsPermalink





(1) AUTHORIZATION- In addition to amounts otherwise authorized for resources to investigate and prosecute criminal activity involving computers, there are authorized to be appropriated for each of the fiscal years 2007 through 2011--CommentsClose CommentsPermalink





(A) $10,000,000 to the Director of the United States Secret Service;CommentsClose CommentsPermalink





(B) $10,000,000 to the Attorney General for the Criminal Division of the Department of Justice; andCommentsClose CommentsPermalink





(C) $10,000,000 to the Director of the Federal Bureau of Investigation.CommentsClose CommentsPermalink





(2) AVAILABILITY- Any amounts appropriated under paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink





(b) Use of Additional Funding- Funds made available under subsection (a) shall be used by the Director of the United States Secret Service, the Director of the Federal Bureau of Investigation, and the Attorney General, for the United States Secret Service, the Federal Bureau of Investigation, and the criminal division of the Department of Justice, respectively, to--CommentsClose CommentsPermalink





(1) hire and train law enforcement officers to--CommentsClose CommentsPermalink





(A) investigate crimes committed through the use of computers and other information technology, including through the use of the Internet; andCommentsClose CommentsPermalink





(B) assist in the prosecution of such crimes; andCommentsClose CommentsPermalink





(2) procure advanced tools of forensic science to investigate, prosecute, and study such crimes.CommentsClose CommentsPermalink