S 2213 ISCommentsClose CommentsPermalink

To amend title 18, United States Code, to improve prevention, investigation, and prosecution of cyber-crime, and for other purposes.CommentsClose CommentsPermalink

October 22, 2007

Mr. HATCH (for himself and Mr. BIDEN) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend title 18, United States Code, to improve prevention, investigation, and prosecution of cyber-crime, 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-Crime Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. CONSPIRACY TO COMMIT CYBER-CRIMES.

Section 1030 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(5)(B), by inserting `or a conspiracy to commit an offense,' after `offense,'; andCommentsClose CommentsPermalink





(2) in subsection (b), by inserting `conspires to commit or' after `Whoever'.CommentsClose CommentsPermalink

SEC. 3. FIXING LOOPHOLES WITH CYBER-EXTORTION.

Section 1030(a)(7) of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(7) with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any--CommentsClose CommentsPermalink





`(A) threat to cause damage to a protected computer;CommentsClose CommentsPermalink





`(B) threat to obtain information or impair the confidentiality of information obtained from a protected computer without authorized access or by exceeding authorized access; orCommentsClose CommentsPermalink





`(C) demand or request for money or other thing of value in relation to damage to a protected computer, where such damage was caused to facilitate the extortion;'.CommentsClose CommentsPermalink

SEC. 4. DAMAGE TO PROTECTED COMPUTERS.

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





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





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





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





`(vi) damage affecting 10 or more protected computers during any 1-year period.'.CommentsClose CommentsPermalink





(b) Terrorism- Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking `1030(a)(5)(A)(ii) through (v) (relating to protection of computers)' and inserting `1030(a)(5)(A)(ii) through (vi) (relating to the protection of computers)'.CommentsClose CommentsPermalink

SEC. 5. 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. 6. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL PENALTIES.

(a) 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





(b) 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

SEC. 7. CIVIL FORFEITURE FOR SECTION 1030 VIOLATIONS.

Section 1030 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(i) Forfeiture-CommentsClose CommentsPermalink





`(1) CIVIL-CommentsClose CommentsPermalink





`(A) IN GENERAL- The court, in imposing sentence for an offense under this section, 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





`(i) 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





`(ii) 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





`(B) APPLICABLE PROCEDURES- Seizures and forfeitures under this paragraph shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) of title 18 shall be performed by such officers, agents and other persons as may be designated for that purpose by the Secretary of Homeland Security.CommentsClose CommentsPermalink





`(2) CRIMINAL- Pursuant to section 2461(c) of title 28, United States Code, the criminal forfeiture of property under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse and Prevention Control Act of 1970 (21 U.S.C. 853), except subsection (d) of that section.CommentsClose CommentsPermalink





`(3) PROPERTY SUBJECT TO FORFEITURE- Any real or personal property of a violator of this section or a person acting in concert with such a violator that is used to commit or facilitate the commission of a violation of this section, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture.'.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 review its guidelines and policy statements applicable to persons convicted of offenses under sections 1028, 1028A, 1030, 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 subsection (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 including--CommentsClose CommentsPermalink





(A) the value of information obtained from a protected computer, regardless of whether the owner was deprived of use of the information; andCommentsClose CommentsPermalink





(B) where the information obtained constitutes a trade secret or other proprietary information, the cost the victim incurred developing or compiling the information.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 an agency of the United States Government, or of a State or local government.CommentsClose CommentsPermalink





(7) Whether the offense involved a computer used by the United States Government, a State, or a local 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, causing injury to any person, or causing death.CommentsClose CommentsPermalink





(10) Whether the defendant purposefully involved a juvenile in the commission of the offense.CommentsClose CommentsPermalink





(11) Whether the defendant's intent to cause damage or intent to obtain personal information should be disaggregated and considered separately from the other factors set forth in USSG 2B1.1(b)(14).CommentsClose CommentsPermalink





(12) Whether the term `victim,' as used in USSG 2B1.1, should include individuals whose privacy was violated as a result of the offense in addition to individuals who suffered monetary harm as a result of the offense.CommentsClose CommentsPermalink





(13) Whether the defendant disclosed personal information obtained during the commission of the offense.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. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS.

(a) Additional Funding for Resources- 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 2008 through 2012--CommentsClose CommentsPermalink





(1) $10,000,000 to the Director of the United States Secret Service and $10,000,000 to the Director of the Federal Bureau of Investigation to hire and train law enforcement officers to investigate crimes committed through the use of computers and other information technology, including through the use of the Internet, and assist in the prosecution of such crimes and procure advanced tools of forensic science to investigate and study such crimes; andCommentsClose CommentsPermalink





(2) $10,000,000 to the Attorney General for the prosecution of such crimes.CommentsClose CommentsPermalink





(b) Availability- Any amounts appropriated under subsection (a) shall remain available until expended.CommentsClose CommentsPermalink