Identity Theft Enforcement and Restitution Act of 2008

To amend title 18, United States Code, to enable increased federal prosecution of identity theft crimes and to allow for restitution to victims of identity theft.

5/14/2008--Introduced.
Identity Theft Enforcement and Restitution Act of 2008 - Amends the federal criminal code to:
(1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred;
(2) expand identity theft and aggravated identity theft crimes to include offenses against organizations (currently, only natural persons are protected);
(3) include conspiracy to commit a felony within the definition of "felony violation" for purposes of aggravated identity theft crimes;
(4) include making, uttering, or possessing counterfeited securities, mail theft, and tax fraud as predicate offenses for aggravated identity theft;
(5) enable prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication;
(6) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer;
(7) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution;
(8) expand the definition of "cyber-extortion" to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion;
(9) prohibit conspiracies to commit computer fraud;
(10) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and
(11) impose criminal and civil forfeitures of property used to commit computer fraud offenses.
Directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect increased penalties for such offenses. Sets forth criteria for updating such guidelines and policy statements.

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Sponsor

• Rep. Adam Schiff [D, CA-29]
• and 3 Co-Sponsors
  • Rep. Steven Chabot [R, OH-1]
  • Rep. Rahm Emanuel [D, IL-5]
  • Rep. Christopher Murphy [D, CT-5]
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Committees

• House Judiciary

Amendments

This bill has no amendments.

Amendments to H.R.6060

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
May 14, 2008

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All Bill Actions

• May 14, 2008: Referred to the House Committee on the Judiciary.
• Introduced on May 14, 2008.

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Related Bills:

• S.2168

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Blog Coverage

August 14, 2008 A major Obama accomplishment I don't believe I've seen discussed ...

Lugar and Obama authored the legislation (S. 2566) and included provisions of the bill as part of HR 6060, which was approved by the Congress early Saturday morning. The Lugar-Obama initiative expands US cooperation to destroy ...

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Source: Arizona Sports Fans Network

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July 15, 2008 Yes We Can! (Secure America)

He was a leading force working with Rick Lugar on S. 2566, the Lugar-Obama Initiative, and provisions in the eventually passed HR 6060, to ensure dangerous weapons, especially nukes, are kept out of the wrong hands. ...

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Source: njdc's Blog

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May 28, 2008 Obama Exaggerates Leadership On Nukes

(HR 6060 approved by Senate on 8 Dec 2006, signed into law as PL 109-472) When Obama sought to pass a bill without Lugar’s leadership, it was stripped of substantive provisions and simply became a reporting requirement (S.1977 ...

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Source: POLITICO MAFIOSO

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