A bill to enhance the protections of the Internet and the critical infrastructure of the United States, and for other purposes.
(Sec. 3) Amends the Federal criminal code to apply the protection from computer extortion provisions only to persons (currently, also to many other institutions and entities). Provides criminal penalties for engaging in fraudulent access and related activities in connection with protected computers, including: (1) when the offense causes aggregate losses of at least $5,000; (2) when the offense causes the modification or impairment of medical diagnosis, treatment, or care; (3) when the offense causes a physical injury to any person; (4) when the offense causes a threat to public health or safety; or (5) when the offense damages a computer system used by or for a government entity in the administration of justice, national defense, or national security. Increases the prison term for a succeeding conviction of the same offense.
(Sec. 4) Requires the criminal and civil forfeiture of any property used in committing such offenses, as well as any property constituting or derived from proceeds from such offense.
(Sec. 6) Includes such offenses when committed by juveniles as offenses under which the Attorney General may certify to the appropriate district court a substantial Federal interest in exercising Federal prosecution.
(Sec. 7) Includes as a defense against prosecution for a computer offense by a telecommunications provider, subscriber, or other aggrieved person that the person providing the information was responding to the request of a governmental entity.
(Sec. 8) Authorizes the Federal interception of wire, oral, or electronic communications for a suspected felony violation relating to computer fraud and abuse.
(Sec. 9) Provides for the criminal forfeiture of any replicator or other device used to copy a computer program or computer program documentation or packaging.
(Sec. 10) Directs the U.S. Sentencing Commission to amend Federal sentencing guidelines to provide guidelines relating to computer fraud and abuse and the use of encryption in connection with the commission or concealment of criminal acts.
(Sec. 11) Requires the Director of the Federal Bureau of Investigation to construct and equip a National Cyber Crime Technical Support Center to serve as the centralized technical resource for Federal, State, and local law enforcement and to provide technical assistance in the investigation of computer-related criminal activities. Requires the Director to develop at least ten regional computer forensic laboratories, and to provide support, education, and assistance for such existing laboratories. Authorizes appropriations.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 941.
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