II 110th CONGRESS 1st Session S. 2213 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.

1.

Short title

This Act may be cited as the Cyber-Crime Act of 2007.

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.

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; .

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).

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,.

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.

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. .

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.

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.