S.3569 - Cloud Computing Act of 2012
A bill to improve the enforcement of criminal and civil law with respect to cloud computing, and for other purposes.
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SECTION 1. SHORT TITLE.
SEC. 2. UNLAWFUL ACCESS TO CLOUD COMPUTING SERVICES.
‘(k) For purposes of an offense described in paragraph (2)(C), (4), or (5) of subsection (a) or an attempt or conspiracy to commit such an offense, if the protected computer is part of a cloud computing service, each instance of unauthorized access of a cloud computing account, access in excess of authorization of a cloud computing account, or attempt or conspiracy to access a cloud computing account without authorization or in excess of authorization shall constitute a separate offense.’.CommentsClose CommentsPermalink
‘(13) the term ‘cloud computing account’ means information stored on a cloud computing service that requires a password or similar information to access and is attributable to an individual, which may include allowing a customer of the cloud computing service to have multiple accounts; andCommentsClose CommentsPermalink
‘(14) the term ‘cloud computing service’ means a service that enables convenient, on-demand network access to a shared pool of configurable computing resources (including networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or interaction by the provider of the service.’.CommentsClose CommentsPermalink
SEC. 3. PRESUMED LOSSES.
‘(l) If an offense under this section involves a protected computer that is part of a cloud computing service, the value of the loss of the use of the protected computer for purposes of subsection (a)(4), the value of the information obtained for purposes of subsection (c)(2)(B)(iii), and the value of the aggregated loss for purposes of subsection (c)(4)(A)(i)(I) shall be the greater of--CommentsClose CommentsPermalink
SEC. 4. INTERACTION WITH INTERNATIONAL FORA TO ADVANCE INTERNATIONAL INTEROPERABILITY WITH LAW AND POLICIES OF UNITED STATES.
The Secretary of State shall work with other international fora, such as the Organization for Economic Cooperation and Development, to advance the aims of ensuring interoperability between the provisions of this Act, the amendments made by this Act, and other laws and policies of the United States and foreign countries, including in consultations between the United States and the European Union.CommentsClose CommentsPermalink
SEC. 5. ANNUAL STUDY AND REPORT ON INTERNATIONAL COOPERATION REGARDING DATA PRIVACY, RETENTION, AND SECURITY.
(a) In General- Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter for 4 years, the Secretary of State shall--CommentsClose CommentsPermalink
(2) submit to Congress a report on the findings of the Secretary with respect to the most recent study carried out under paragraph (1) and the activities of the Secretary under section 4.CommentsClose CommentsPermalink
(b) Matters Studied- Each study conducted under subsection (a)(1) shall include development of recommendations for best practices, treaties, common policy frameworks, mutual recognition agreements, the creation of hybrid public-private authorities, codes of conduct, or other guidance the Secretary of State considers necessary to promote the development of laws and policies in foreign countries that are interoperable with and that will reinforce the effectiveness of--CommentsClose CommentsPermalink
(2) policies relating to data privacy, data retention, security of data, and assertions of jurisdiction over data, including with respect to law enforcement access to data.CommentsClose CommentsPermalink
(c) Interagency Coordination- In conducting the studies required by subsection (a)(1), the Secretary of State shall consult with the heads of relevant agencies, such as the following:CommentsClose CommentsPermalink
SEC. 6. ANNUAL FEDERAL INFORMATION TECHNOLOGY AND CLOUD COMPUTING PROCUREMENT FORECAST.
(a) Cloud Computing Service Defined- In this section, the term ‘cloud computing service’ has the meaning given the term by the Under Secretary of Commerce for Standards and Technology.CommentsClose CommentsPermalink
(b) Forecast Required- Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter for 4 years, the head of each Federal agency described in