[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2092 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2092

 To amend title 18, United States Code, to modify authorities relating 
   to the use of pen registers and trap and trace devices, to modify 
provisions relating to fraud and related activities in connection with 
                   computers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2000

 Mr. Schumer (for himself and Mr. Kyl) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to modify authorities relating 
   to the use of pen registers and trap and trace devices, to modify 
provisions relating to fraud and related activities in connection with 
                   computers, 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. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS 
              AND TRAP AND TRACE DEVICES.

    (a) General Limitation on Use by Governmental Agencies.--Section 
3121(c) of title 18, United States Code, is amended--
            (1) by inserting ``or trap and trace device'' after ``pen 
        register'';
            (2) by inserting ``, routing, addressing,'' after 
        ``dialing''; and
            (3) by striking ``call processing'' and inserting ``the 
        processing and transmitting of wire and electronic 
        communications''.
    (b) Issuance of Orders.--
            (1) In general.--Subsection (a) of section 3123 of that 
        title is amended to read as follows:
    ``(a) In General.--(1) Upon an application made under section 
3122(a)(1) of this title, the court shall enter an ex parte order 
authorizing the installation and use of a pen register or trap and 
trace device if the court finds that the attorney for the Government 
has certified to the court that the information likely to be obtained 
by such installation and use is relevant to an ongoing criminal 
investigation. The order shall, upon service of the order, apply to any 
entity providing wire or electronic communication service in the United 
States whose assistance is required to effectuate the order.
    ``(2) Upon an application made under section 3122(a)(2) of this 
title, the court shall enter an ex parte order authorizing the 
installation and use of a pen register or trap and trace device within 
the jurisdiction of the court if the court finds that the State law 
enforcement or investigative officer has certified to the court that 
the information likely to be obtained by such installation and use is 
relevant to an ongoing criminal investigation.''.
            (2) Contents of order.--Subsection (b)(1) of that section 
        is amended--
                    (A) in subparagraph (A)--
                            (i) by inserting ``or other facility'' 
                        after ``telephone line''; and
                            (ii) by inserting before the semicolon at 
                        the end ``or applied''; and
                    (B) by striking subparagraph (C) and inserting the 
                following new subparagraph (C):
                    ``(C) a description of the communications to which 
                the order applies, including the number or other 
                identifier and, if known, the location of the telephone 
                line or other facility to which the pen register or 
                trap and trace device is to be attached or applied, 
                and, in the case of an order authorizing installation 
                and use of a trap and trace device under subsection 
                (a)(2), the geographic limits of the order; and''.
            (3) Nondisclosure requirements.--Subsection (d)(2) of that 
        section is amended--
                    (A) by inserting ``or other facility'' after ``the 
                line''; and
                    (B) by striking ``or who has been ordered by the 
                court'' and inserting ``or applied or who is obligated 
                by the order''.
    (c) Emergency Installation.--Section 3125(a)(1) of that title is 
amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the comma at the end 
        and inserting a semicolon; and
            (3) by inserting after subparagraph (B) the following new 
        subparagraphs:
                    ``(C) immediate threat to the national security 
                interests of the United States;
                    ``(D) immediate threat to public health or safety; 
                or
                    ``(E) an attack on the integrity or availability of 
                a protected computer which attack would be an offense 
                punishable under section 1030(c)(2)(C) of this 
                title,''.
    (d) Definitions.--
            (1) Court of competent jurisdiction.--Paragraph (2) of 
        section 3127 of that title is amended by striking subparagraph 
(A) and inserting the following new subparagraph (A):
                    ``(A) any district court of the United States 
                (including a magistrate judge of such a court) or any 
                United States Court of Appeals having jurisdiction over 
                the offense being investigated; or''.
            (2) Pen register.--Paragraph (3) of that section is 
        amended--
                    (A) by striking ``electronic or other impulses'' 
                and all that follows through ``is attached'' and 
                inserting ``dialing, routing, addressing, or signalling 
                information transmitted by an instrument or facility 
                from which a wire or electronic communication is 
                transmitted''; and
                    (B) by inserting ``or process'' after ``device'' 
                each place it appears.
            (3) Trap and trace device.--Paragraph (4) of that section 
        is amended--
                    (A) by inserting ``or process'' after ``a device''; 
                and
                    (B) by striking ``of an instrument'' and all that 
                follows through the end and inserting ``or other 
                dialing, routing, addressing, and signalling 
                information relevant to identifying the source of a 
                wire or electronic communication;''.

SEC. 2. MODIFICATION OF PROVISIONS RELATING TO FRAUD AND RELATED 
              ACTIVITY IN CONNECTION WITH COMPUTERS.

    (a) Penalties.--Subsection (c) of section 1030 of title 18, United 
States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``except as provided in 
                        subparagraphs (B) and (C),'' before ``a fine'';
                            (ii) by striking ``(a)(5)(C),'' and 
                        inserting ``(a)(5),''; and
                            (iii) by striking ``and'' at the end;
                    (B) in subparagraph (B)--
                            (i) by inserting ``or an attempt to commit 
                        an offense punishable under this 
                        subparagraph,'' after ``subsection (a)(2),'' in 
                        the matter preceding clause (i); and
                            (ii) by adding ``and'' at the end; and
                    (C) by striking subparagraph (C) and inserting the 
                following new subparagraph (C):
            ``(C) a fine under this title or imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(5)(A) or (a)(5)(B), or an attempt to commit an 
        offense punishable under this subparagraph, if the offense 
        caused (or, in the case of an attempted offense, would, if 
        completed, have caused)--
                    ``(i) loss to one or more persons during any one-
                year period (including loss resulting from a related 
                course of conduct affecting one or more other protected 
                computers) aggregating at least $5,000 in value;
                    ``(ii) the modification or impairment, or potential 
                modification or impairment, of the medical examination, 
                diagnosis, treatment, or care of one or more 
                individuals;
                    ``(iii) physical injury to any person;
                    ``(iv) a threat to public health or safety; or
                    ``(v) damage affecting a computer system used by or 
                for a government entity in furtherance of the 
                administration of justice, national defense, or 
                national security; and'';
            (2) by redesignating subparagraph (B) of paragraph (3) as 
        paragraph (4);
            (3) in paragraph (3)--
                    (A) by striking ``(A)'' at the beginning; and
                    (B) by striking ``, (a)(5)(A), (a)(5)(B),''; and
            (4) in paragraph (4), as designated by paragraph (2) of 
        this subsection, by striking ``(a)(4), (a)(5)(A), (a)(5)(B), 
        (a)(5)(C),'' and inserting ``(a)(2), (a)(3), (a)(4), (a)(6),''.
    (b) Definitions.--Subsection (e) of that section is amended--
            (1) in paragraph (2)(B), by inserting ``, including a 
        computer located outside the United States'' before the 
        semicolon;
            (2) in paragraph (7), by striking ``and'' at the end;
            (3) by striking paragraph (8) and inserting the following 
        new paragraph (8):
            ``(8) the term `damage' means any impairment to the 
        integrity or availability of data, a program, a system, or 
        information;'';
            (4) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (5) by adding at the end the following new paragraphs:
            ``(10) the term `conviction' shall include an adjudication 
        of juvenile delinquency for a violation of this section; and
            ``(11) the term `loss' means any reasonable cost to any 
        victim, including the cost of responding to an offense, 
        conducting a damage assessment, and restoring the data, 
        program, system, or information to its condition prior to the 
        offense, and any revenue lost or cost incurred because of 
        interruption of service.''.
    (c) Damages in Civil Actions.--Subsection (g) of that section is 
amended in the second sentence by striking ``involving damage'' and all 
that follows through the period and inserting ``of subsection (a)(5) 
shall be limited to loss unless such action includes one of the 
elements set forth in clauses (ii) through (v) of subsection 
(c)(2)(C).''.
    (d) Criminal Forfeiture.--That section is further amended by adding 
at the end the following new subsection:
    ``(i)(1) The court, in imposing sentence on any person convicted of 
a violation of this section, shall order, in addition to any other 
sentence imposed and irrespective of any provision of State law, that 
such person forfeit to the United States--
            ``(A) the interest of such person in any property, whether 
        real or personal, that was used or intended to be used to 
        commit or to facilitate the commission of such violation; and
            ``(B) any property, whether real or personal, constituting 
        or derived from any proceeds that such person obtained, whether 
        directly or indirectly, as a result of such violation.
    ``(2) The criminal forfeiture of property under this subsection, 
any seizure and disposition thereof, and any administrative or judicial 
proceeding relating thereto, shall be governed by the provisions of 
section 413 of the Controlled Substances Act (21 U.S.C. 853), except 
subsection (d) of that section.''.
    (e) Civil Forfeiture.--That section, as amended by subsection (d) 
of this section, is further amended by adding at the end the following 
new subsection:
    ``(j)(1) The following shall be subject to forfeiture to the United 
States, and no property right shall exist in them:
            ``(A) Any property, whether real or personal, that is used 
        or intended to be used to commit or to facilitate the 
        commission of any violation of this section.
            ``(B) Any property, whether real or personal, that 
        constitutes or is derived from proceeds traceable to any 
        violation of this section.
    ``(2) The provisions of chapter 46 of this title relating to civil 
forfeiture shall apply to any seizure or civil forfeiture under this 
subsection.''.

SEC. 3. JUVENILE DELINQUENCY.

    Clause (3) of the first paragraph of section 5032 of title 18, 
United States Code, is amended--
            (1) by striking ``or'' before ``section 1002(a)'';
            (2) by striking ``or'' before ``section 924(b)''; and
            (3) by inserting after ``or (h) of this title,'' the 
        following: ``or section 1030(a)(1), (a)(2)(B), or (a)(3) of 
        this title, or is a felony violation of section 1030(a)(5) of 
        this title where such violation of such section 1030(a)(5) is 
        punishable under clauses (ii) through (v) of section 
        1030(c)(5)(C) of this title,''.

SEC. 4. AMENDMENT TO SENTENCING GUIDELINES.

    Section 805(c) of the Antiterrorism and Effective Death Penalty Act 
of 1996 (Public Law 104-132; 28 U.S.C. 994 note) is amended by striking 
``paragraph (4) or (5)'' and inserting ``paragraph (4) or a felony 
violation of paragraph (5)(A)''.
                                 <all>