[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2168 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2168

  To amend title 18, United States Code, to enable increased federal 
 prosecution of identity theft crimes and to allow for restitution to 
                       victims of identity theft.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2007

   Mr. Leahy (for himself, Mr. Specter, Mr. Grassley, Mr. Nelson of 
Florida, and Mr. Durbin) 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 enable increased federal 
 prosecution of identity theft crimes and to allow for restitution to 
                       victims of identity theft.

    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 ``Identity Theft Enforcement and 
Restitution Act of 2007''.

SEC. 2. CRIMINAL RESTITUTION.

    Section 3663(b) of title 18, United States Code, is amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) in the case of an offense under sections 1028(a)(7) 
        or 1028A(a) of this title, pay an amount equal to the value of 
        the time reasonably spent by the victim in an attempt to 
        remediate the intended or actual harm incurred by the victim 
        from the offense.''.

SEC. 3. PREDICATE OFFENSES FOR AGGRAVATED IDENTITY THEFT AND MISUSE OF 
              IDENTIFYING INFORMATION OF ORGANIZATIONS.

    (a) Identity Theft.--Section 1028 of title 18, United States Code, 
is amended--
            (1) in subsection (a)(7), by inserting ``(including an 
        organization as defined in section 18 of this title)'' after 
        ``person''; and
            (2) in subsection (d)(7), by inserting ``or other person'' 
        after ``specific individual''.
    (b) Aggravated Identity Theft.--Section 1028A of title 18, United 
States Code, is amended--
            (1) in subsection (a)(1), by inserting ``(including an 
        organization as defined in section 18 of this title)'' after 
        ``person''; and
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``, or a conspiracy to commit such a felony 
                violation,'' after ``any offense that is a felony 
                violation'';
                    (B) by redesignating--
                            (i) paragraph (11) as paragraph (14);
                            (ii) paragraphs (8) through (10) as 
                        paragraphs (10) through (12), respectively; and
                            (iii) paragraphs (1) through (7) as 
                        paragraphs (2) through (8), respectively;
                    (C) by inserting prior to paragraph (2), as so 
                redesignated, the following:
            ``(1) section 513 (relating to making, uttering, or 
        possessing counterfeited securities);'';
                    (D) by inserting after paragraph (8), as so 
                redesignated, the following:
            ``(9) section 1708 (relating to mail theft);'';
                    (E) in paragraph (12), as so redesignated, by 
                striking ``; or'' and inserting a semicolon; and
                    (F) by inserting after paragraph (12), as so 
                redesignated, the following:
            ``(13) section 7201, 7206, or 7207 of title 26 (relating to 
        tax fraud); or''.

SEC. 4. ENSURING JURISDICTION OVER THE THEFT OF SENSITIVE IDENTITY 
              INFORMATION.

    Section 1030(a)(2)(C) of title 18, United States Code, is amended 
by striking ``if the conduct involved an interstate or foreign 
communication''.

SEC. 5. MALICIOUS SPYWARE, HACKING AND KEYLOGGERS.

    (a) In General.--Section 1030 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(5)--
                    (A) by striking subparagraph (B); and
                    (B) in subparagraph (A)--
                            (i) by striking ``(A)(i) knowingly'' and 
                        inserting ``(A) knowingly'';
                            (ii) by redesignating clauses (ii) and 
                        (iii) as subparagraphs (B) and (C), 
                        respectively; and
                            (iii) in subparagraph (C), as so 
                        redesignated, by striking ``; and'' and 
                        inserting a period;
            (2) in subsection (c)--
                    (A) in paragraph (2)(A), by striking 
                ``(a)(5)(A)(iii),'';
                    (B) in paragraph (3)(B), by striking 
                ``(a)(5)(A)(iii),'';
                    (C) by amending paragraph (4) to read as follows:
            ``(4)(A) except as provided in subparagraphs (E) and (F), a 
        fine under this title, imprisonment for not more than 5 years, 
        or both, in the case of--
                    ``(i) an offense under subsection (a)(5)(B), which 
                does not occur after a conviction for another offense 
                under this section, if the offense caused (or, in the 
                case of an attempted offense, would, if completed, have 
                caused)--
                            ``(I) loss to 1 or more persons during any 
                        1-year period (and, for purposes of an 
                        investigation, prosecution, or other proceeding 
                        brought by the United States only, loss 
                        resulting from a related course of conduct 
                        affecting 1 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 1 or more individuals;
                            ``(III) physical injury to any person;
                            ``(IV) a threat to public health or safety;
                            ``(V) damage affecting a computer used by 
                        or for an entity of the United States 
                        Government in furtherance of the administration 
                        of justice, national defense, or national 
                        security; or
                            ``(VI) damage affecting 10 or more 
                        protected computers during any 1-year period; 
                        or
                    ``(ii) an attempt to commit an offense punishable 
                under this subparagraph;
            ``(B) except as provided in subparagraphs (E) and (F), a 
        fine under this title, imprisonment for not more than 10 years, 
        or both, in the case of--
                    ``(i) an offense under subsection (a)(5)(A), which 
                does not occur after a conviction for another offense 
                under this section, if the offense caused (or, in the 
                case of an attempted offense, would, if completed, have 
                caused) a harm provided in subclauses (I) through (VI) 
                of subparagraph (A)(i); or
                    ``(ii) an attempt to commit an offense punishable 
                under this subparagraph;
            ``(C) except as provided in subparagraphs (E) and (F), a 
        fine under this title, imprisonment for not more than 20 years, 
        or both, in the case of--
                    ``(i) an offense or an attempt to commit an offense 
                under subparagraphs (A) or (B) of subsection (a)(5) 
                that occurs after a conviction for another offense 
                under this section; or
                    ``(ii) an attempt to commit an offense punishable 
                under this subparagraph;
            ``(D) a fine under this title, imprisonment for not more 
        than 10 years, or both, in the case of--
                    ``(i) an offense or an attempt to commit an offense 
                under subsection (a)(5)(C) that occurs after a 
                conviction for another offense under this section; or
                    ``(ii) an attempt to commit an offense punishable 
                under this subparagraph;
            ``(E) if the offender attempts to cause or knowingly or 
        recklessly causes serious bodily injury from conduct in 
        violation of subsection (a)(5)(A), a fine under this title, 
        imprisonment for not more than 20 years, or both;
            ``(F) if the offender attempts to cause or knowingly or 
        recklessly causes death from conduct in violation of subsection 
        (a)(5)(A), a fine under this title, imprisonment for any term 
        of years or for life, or both; or
            ``(G) a fine under this title, imprisonment for not more 
        than 1 year, or both, for--
                    ``(i) any other offense under subsection (a)(5); or
                    ``(ii) an attempt to commit an offense punishable 
                under this subparagraph.''; and
                    (D) by striking paragraph (5); and
            (3) in subsection (g)--
                    (A) in the second sentence, by striking ``in 
                clauses (i), (ii), (iii), (iv), or (v) of subsection 
                (a)(5)(B)'' and inserting ``in subclauses (I), (II), 
                (III), (IV), (V), or (VI) of subsection (c)(4)(A)(i)''; 
                and
                    (B) in the third sentence, by striking ``subsection 
                (a)(5)(B)(i)'' and inserting ``subsection 
                (c)(4)(A)(i)(I)''.
    (b) Conforming Changes.--Section 2332b(g)(5)(B)(i) of title 18, 
United States Code, is amended by striking ``1030(a)(5)(A)(i) resulting 
in damage as defined in 1030(a)(5)(B)(ii) through (v)'' and inserting 
``1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) 
through (VI)''.

SEC. 6. CYBER-EXTORTION.

    Section 1030(a)(7) of title 18, United States Code, is amended to 
read as follows:
            ``(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--
                    ``(A) threat to cause damage to a protected 
                computer;
                    ``(B) threat to obtain information from a protected 
                computer without authorization or in excess of 
                authorization or to impair the confidentiality of 
                information obtained from a protected computer without 
                authorization or by exceeding authorized access; or
                    ``(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;''.
                                 <all>