Identity Theft Enforcement and Restitution Act of 2007

A bill 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.

11/15/2007--Passed Senate amended. Identity Theft Enforcement and Restitution Act of 2007 - 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

• Sen. Patrick Leahy [D, VT]
• and 11 Co-Sponsors
  • Sen. Joseph Biden [D, DE]
  • Sen. Richard Durbin [D, IL]
  • Sen. Dianne Feinstein [D, CA]
  • Sen. Charles Grassley [R, IA]
  • Sen. Orrin Hatch [R, UT]
  • Sen. Daniel Inouye [D, HI]
  • Sen. Bill Nelson [D, FL]
  • Sen. Mark Pryor [D, AR]
  • Sen. Charles Schumer [D, NY]
  • Sen. Arlen Specter [D, PA]
  • Ted Stevens
  close

Committees

• House Judiciary
• 2 more
  • Senate Judiciary
  • House Judiciary
  close

Amendments

This bill has no amendments.

Amendments to S.2168

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
October 16, 2007		November 15, 2007

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All Bill Actions

• Feb 04, 2008: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
• Dec 04, 2007: Received in the House.
• Dec 04, 2007: Referred to the House Committee on the Judiciary.
• Nov 16, 2007: Message on Senate action sent to the House.
• Passed by Unanimous Consent in the Senate on Nov 15, 2007. Passed Senate with amendments by Unanimous Consent.
• Added to calendar on Nov 01, 2007: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably..
• Nov 01, 2007: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
• Added to calendar on Nov 01, 2007: Placed on Senate Legislative Calendar under General Orders. Calendar No. 459..
• Nov 01, 2007: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Nov 01, 2007: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
• Oct 16, 2007: Read twice and referred to the Committee on the Judiciary.
• Introduced on Oct 16, 2007.
• Oct 16, 2007: Sponsor introductory remarks on measure. (CR S12938-12939)

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Related Bills:

• S.2213
• H.R.6060

Related Issue Areas:

• Criminal justice
• Administrative procedure
• Banks and banking
• Business
• 31 more
• Children
• Civil liberties
• Compensation for victims of crime
• Computer crimes
• Computer software
• Conspiracy
• Executive departments
• Extortion
• Finance
• Forfeiture
• Fraud
• Government property
• Homicide
• Identity theft
• Infrastructure
• Infrastructure (Economics)
• Jurisdiction
• Juvenile delinquency
• Law
• Prosecution
• Right of privacy
• Securities fraud
• Sentences (Criminal procedure)
• Sentencing guidelines
• Taxation
• Technology
• Trade secrets
• U.S. Sentencing Commission
• Bank records
• Counterfeiting
• Electronic surveillance

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In the News

December 19, 2007 BSA urges congress to pass cyber crime legislation

He told the committee members that Senate passage of the Identity Theft Enforcement and Restitution Act of 2007 (S. 2168) has created an opportunity for ...

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Source: Help Net Security, Croatia

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December 10, 2007 Justice details grants to help victims of ID theft

The Senate passed one such bill, S. 2168, last month. The measure was introduced by Judiciary Committee Chairman Patrick Leahy. The Vermont Democrat issued ...

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Source: GovExec.com, DC

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December 10, 2007 Dueling cybercrime bills: House to focus on breach notifications

According to Gopalani, HR 4175 tracks closely with S. 495, the Personal Data Privacy and Security Act of 2007, an earlier version of S. 2168, ...

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Source: Secure Computing, Australia

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Blog Coverage

September 24, 2008 US Senate Passes Bill that Would Update Cyber Crime Laws

S. 2168: Identity Theft Enforcement and Restitution Act of 2007, Govtrack.com. Computer Crime & Intellectual Property Section, Computer Crime & Intellectual Property Section, USDoj.gov. Contact Altman & Altman LLP.

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Source: Boston Criminal Lawyer Blog

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September 23, 2008 USA to have Identity Theft Law — certifiedbug.com

Patrick Leahy (D-Vt.), sponsor of S. 2168, said in a prepared statement. The anti-cyber crime Provisions included in the Former Vice President Protection Act would:. Give victims of identity theft the ability to seek restitution for the ...

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Source: certifiedbug.com

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September 23, 2008 Congress Passes Stronger Identity Theft Laws

... after an identity theft crime; and eliminates the $5000 minimum damages requirement previously required for charges to be filed. You can see the different versions of the Bill here: http://thomas.loc.gov/cgi-bin/query/z?c110:S.2168:

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Source: Information and Resources about Identity Theft

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