[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2213 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2213

     To amend title 18, United States Code, to improve prevention, 
 investigation, and prosecution of cyber-crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 22, 2007

 Mr. Hatch (for himself and Mr. Biden) 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 improve prevention, 
 investigation, and prosecution of cyber-crime, 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 ``Cyber-Crime Act of 2007''.

SEC. 2. CONSPIRACY TO COMMIT CYBER-CRIMES.

    Section 1030 of title 18, United States Code, is amended--
            (1) in subsection (a)(5)(B), by inserting ``or a conspiracy 
        to commit an offense,'' after ``offense,''; and
            (2) in subsection (b), by inserting ``conspires to commit 
        or'' after ``Whoever''.

SEC. 3. FIXING LOOPHOLES WITH 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 or impair the 
                confidentiality of information obtained from a 
                protected computer without authorized access 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;''.

SEC. 4. DAMAGE TO PROTECTED COMPUTERS.

    (a) In General.--Section 1030(a)(5)(B) of title 18, United States 
Code, is amended--
            (1) in clause (iv), by striking ``or'' at the end;
            (2) in clause (v), by inserting ``or'' at the end; and
            (3) by adding at the end the following:
                            ``(vi) damage affecting 10 or more 
                        protected computers during any 1-year 
                        period.''.
    (b) Terrorism.--Section 2332b(g)(5)(B)(i) of title 18, United 
States Code, is amended by striking ``1030(a)(5)(A)(ii) through (v) 
(relating to protection of computers)'' and inserting 
``1030(a)(5)(A)(ii) through (vi) (relating to the protection of 
computers)''.

SEC. 5. RICO PREDICATES.

    Section 1961(1)(B) of title 18, United States Code, is amended by 
inserting ``section 1030 (relating to fraud and related activity in 
connection with computers),'' before ``section 1084,''.

SEC. 6. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL 
              PENALTIES.

    (a) Elimination of Requirement of an Interstate or Foreign 
Communication for Certain Offenses Involving Protected Computers.--
Section 1030(a)(2)(C) of title 18, United States Code, is amended by 
striking ``if the conduct involved an interstate or foreign 
communication''.
    (b) Broadening of Scope.--Section 1030(e)(2)(B) of title 18, United 
States Code, is amended by inserting ``or affecting'' after ``which is 
used in''.

SEC. 7. CIVIL FORFEITURE FOR SECTION 1030 VIOLATIONS.

    Section 1030 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i) Forfeiture.--
            ``(1) Civil.--
                    ``(A) In general.--The court, in imposing sentence 
                for an offense under this section, shall, in addition 
                to any other sentence imposed and irrespective of any 
                provision of State law, order that the person forfeit 
                to the United States--
                            ``(i) the person's interest in any personal 
                        property that was used or intended to be used 
                        to commit or to facilitate the commission of 
                        such violation; and
                            ``(ii) any property, real or personal, 
                        constituting or derived from, any proceeds the 
                        person obtained, directly or indirectly, as a 
                        result of such violation.
                    ``(B) Applicable procedures.--Seizures and 
                forfeitures under this paragraph shall be governed by 
                the provisions of chapter 46 of title 18, United States 
                Code, relating to civil forfeitures, except that such 
                duties as are imposed on the Secretary of the Treasury 
                under the customs laws described in section 981(d) of 
                title 18 shall be performed by such officers, agents 
                and other persons as may be designated for that purpose 
                by the Secretary of Homeland Security.
            ``(2) Criminal.--Pursuant to section 2461(c) of title 28, 
        United States Code, the criminal forfeiture of property under 
        this section, any seizure and disposition thereof, and any 
        administrative or judicial proceeding in relation thereto, 
        shall be governed by the provisions of section 413 of the 
        Comprehensive Drug Abuse and Prevention Control Act of 1970 (21 
        U.S.C. 853), except subsection (d) of that section.
            ``(3) Property subject to forfeiture.--Any real or personal 
        property of a violator of this section or a person acting in 
        concert with such a violator that is used to commit or 
        facilitate the commission of a violation of this section, the 
        gross proceeds of such violation, and any property traceable to 
        such property or proceeds, shall be subject to forfeiture.''.

SEC. 8. DIRECTIVE TO SENTENCING COMMISSION.

    (a) Directive.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review its guidelines and 
policy statements applicable to persons convicted of offenses under 
sections 1028, 1028A, 1030, 2511, and 2701 of title 18, United States 
Code and any other relevant provisions of law, in order to reflect the 
intent of Congress that such penalties be increased in comparison to 
those currently provided by such guidelines and policy statements.
    (b) Requirements.--In determining its guidelines and policy 
statements on the appropriate sentence for the crimes enumerated in 
subsection (a), the Commission shall consider the extent to which the 
guidelines and policy statements may or may not account for the 
following factors in order to create an effective deterrent to computer 
crime and the theft or misuse of personally identifiable data:
            (1) The level of sophistication and planning involved in 
        such offense.
            (2) Whether such offense was committed for purpose of 
        commercial advantage or private financial benefit.
            (3) The potential and actual loss resulting from the 
        offense including--
                    (A) the value of information obtained from a 
                protected computer, regardless of whether the owner was 
                deprived of use of the information; and
                    (B) where the information obtained constitutes a 
                trade secret or other proprietary information, the cost 
                the victim incurred developing or compiling the 
                information.
            (4) Whether the defendant acted with intent to cause either 
        physical or property harm in committing the offense.
            (5) The extent to which the offense violated the privacy 
        rights of individuals.
            (6) The effect of the offense upon the operations of an 
        agency of the United States Government, or of a State or local 
        government.
            (7) Whether the offense involved a computer used by the 
        United States Government, a State, or a local government in 
        furtherance of national defense, national security, or the 
        administration of justice.
            (8) Whether the offense was intended to, or had the effect 
        of significantly interfering with or disrupting a critical 
        infrastructure.
            (9) Whether the offense was intended to, or had the effect 
        of creating a threat to public health or safety, causing injury 
        to any person, or causing death.
            (10) Whether the defendant purposefully involved a juvenile 
        in the commission of the offense.
            (11) Whether the defendant's intent to cause damage or 
        intent to obtain personal information should be disaggregated 
        and considered separately from the other factors set forth in 
        USSG 2B1.1(b)(14).
            (12) Whether the term ``victim,'' as used in USSG 2B1.1, 
        should include individuals whose privacy was violated as a 
        result of the offense in addition to individuals who suffered 
        monetary harm as a result of the offense.
            (13) Whether the defendant disclosed personal information 
        obtained during the commission of the offense.
    (c) Additional Requirements.--In carrying out this section, the 
Commission shall--
            (1) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines;
            (2) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions to the generally 
        applicable sentencing ranges;
            (3) make any conforming changes to the sentencing 
        guidelines; and
            (4) assure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code.

SEC. 9. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE 
              CRIMINAL ACTIVITY INVOLVING COMPUTERS.

    (a) Additional Funding for Resources.--In addition to amounts 
otherwise authorized for resources to investigate and prosecute 
criminal activity involving computers, there are authorized to be 
appropriated for each of the fiscal years 2008 through 2012--
            (1) $10,000,000 to the Director of the United States Secret 
        Service and $10,000,000 to the Director of the Federal Bureau 
        of Investigation to hire and train law enforcement officers to 
        investigate crimes committed through the use of computers and 
        other information technology, including through the use of the 
        Internet, and assist in the prosecution of such crimes and 
        procure advanced tools of forensic science to investigate and 
        study such crimes; and
            (2) $10,000,000 to the Attorney General for the prosecution 
        of such crimes.
    (b) Availability.--Any amounts appropriated under subsection (a) 
shall remain available until expended.
                                 <all>