[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 974 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 974

    To prohibit certain acts involving the use of computers in the 
             furtherance of crimes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 27 (legislative day, June 19), 1995

 Mr. Grassley introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To prohibit certain acts involving the use of computers in the 
             furtherance of crimes, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Electronic Racketeering Act of 
1995''.

SEC. 2. PROHIBITED ACTIVITIES.

    (a) Definitions.--Section 1961(1) of title 18, United States Code, 
is amended--
            (1) by striking ``1343 (relating to wire fraud)'' and 
        inserting ``1343 (relating to wire and computer fraud)'';
            (2) by striking ``that title'' and inserting ``this 
        title'';
            (3) by striking ``or (E)'' and inserting ``(E)''; and
            (4) by inserting before the semicolon the following: ``or 
        (F) any act that is indictable under section 1030, 1030A, or 
        1962(d)(2)''.
    (b) Use of Computer To Facilitate Racketeering Enterprise.--Section 
1962 of title 18, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) It shall be unlawful for any person--
            ``(1) to use any computer or computer network in 
        furtherance of a racketeering activity (as defined in section 
        1961(1)); or
            ``(2) to damage or threaten to damage electronically or 
        digitally stored data.''.
    (c) Criminal Penalties.--Section 1963(b) of title 18, United States 
Code, is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) electronically or digitally stored data.''.
    (d) Civil Remedies.--Section 1964(c) of title 18, United States 
Code, is amended by striking ``his property or business''.
    (e) Use as Evidence of Intercepted Wire or Oral Communications.--
Section 2515 of title 18, United States Code, is amended by inserting 
before the period at the end the following: ``, unless the authority in 
possession of the intercepted communication attempted in good faith to 
comply with this chapter. If the United States or any State of the 
United States, or subdivision thereof, possesses a communication 
intercepted by a nongovernmental actor, without the knowledge of the 
United States, that State, or that subdivision, the communication may 
be introduced into evidence''.
    (f) Authorization for Interception of Wire, Oral, or Electronic 
Communications.--Section 2516(1) of title 18, United States Code, is 
amended--
            (1) by striking ``and'' at the end of paragraph (n);
            (2) by striking the period at the end of paragraph (o) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(p) any violation of section 1962 of title 18.''.
    (g) Procedures for Interception.--Section 2518(4)(b) of title 18, 
United States Code, is amended by inserting before the semicolon the 
following: ``to the extent feasible''.
    (h) Computer Crimes.--
            (1) New prohibited activities.--Chapter 47 of title 18, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1030A. Racketeering-related crimes involving computers
    ``(a) It shall be unlawful--
            ``(1) to use a computer or computer network to transfer 
        unlicensed computer software, regardless of whether the 
        transfer is performed for economic consideration;
            ``(2) to distribute computer software that encodes or 
        encrypts electronic or digital communications to computer 
        networks that the person distributing the software knows or 
        reasonably should know, is  accessible  to  foreign  nationals  
        and  foreign
         governments, regardless of whether such software has been 
designated as nonexportable;
            ``(3) to use a computer or computer network to transmit a 
        communication intended to conceal or hide the origin of money 
        or other assets, tangible or intangible, that were derived from 
        racketeering activity; and
            ``(4) to operate a computer or computer network primarily 
        to facilitate racketeering activity or primarily to engage in 
        conduct prohibited by Federal or State law.
    ``(b) For purposes of this section, each act of distributing 
software is considered a separate predicate act. Each instance in which 
nonexportable software is accessed by a foreign government, an agent of 
a foreign government, a foreign national, or an agent of a foreign 
national, shall be considered as a separate predicate act.
    ``(c) It shall be an affirmative defense to prosecution under this 
section that the software at issue used a universal decoding device or 
program that was provided to the Department of Justice prior to the 
distribution.''.
            (2) Clerical amendment.--The analysis at the beginning of 
        chapter 47, United States Code, is amended by adding at the end 
        the following new item:

``1030A. Racketeering-related crimes involving computers.''.
            (3) Jurisdiction and venue.--Section 1030 of title 18, 
        United States Code, is amended by adding at the end the 
        following new subsection:
    ``(g)(1)(A) Any act prohibited by this section that is committed 
using any computer, computer facility, or computer network that is 
physically located within the territorial jurisdiction of the United 
States shall be deemed to have been committed within the territorial 
jurisdiction of the United States.
    ``(B) Any action taken in furtherance of an act described in 
subparagraph (A) shall be deemed to have been committed in the 
territorial jurisdiction of the United States.
    ``(2) In any prosecution under this section involving acts deemed 
to be committed within the territorial jurisdiction of the United 
States under this subsection, venue shall be proper where the computer, 
computer facility, or computer network was physically situated at the 
time at least one of the wrongful acts was committed.''.
    (i) Wire and Computer Fraud.--Section 1343 of title 18, United 
States Code, is amended by striking ``or television communication'' and 
inserting ``television communication, or computer network or 
facility''.
    (j) Privacy Protection Act.--Section 101 of the Privacy Protection 
Act of 1980 (42 U.S.C. 2000aa) is amended--
            (1) in subsection (a)--
                    (A) by striking ``or'' at the end of paragraph (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) there is reason to believe that the immediate seizure 
        of such materials is necessary to prevent the destruction or 
        altercation of such documents.''; and
            (2) in subsection (b)--
                    (A) by striking ``or'' at the end of paragraph (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) in the case of electronically stored data, the 
        seizure is incidental to an otherwise valid seizure, and the 
        government officer or employee--
                    ``(A) was not aware that work product material was 
                among the data seized;
                    ``(B) upon actual discovery of the existence of 
                work product materials, the government officer or 
                employee took reasonable steps to protect the privacy 
                interests recognized by this section, including--
                            ``(i) using utility software to seek and 
                        identify electronically stored data that may be 
                        commingled or combined with non-work product 
                        material; and
                            ``(ii) upon actual identification of such 
                        material, taking reasonable steps to protect 
                        the privacy of the material, including seeking 
                        a search warrant.''.
                                 <all>