[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2111 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 324
112th CONGRESS
  2d Session
                                S. 2111

 To enhance punishment for identity theft and other violations of data 
                         privacy and security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2012

 Mr. Leahy introduced the following bill; which was read the first time

                           February 16, 2012

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To enhance punishment for identity theft and other violations of data 
                         privacy and security.

    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 Protection Security 
Act''.

SEC. 2. ORGANIZED CRIMINAL ACTIVITY IN CONNECTION WITH UNAUTHORIZED 
              ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION.

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

SEC. 3. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN CONNECTION WITH 
              COMPUTERS.

    Section 1030(c) of title 18, United States Code, is amended to read 
as follows:
    ``(c) The punishment for an offense under subsection (a) or (b) of 
this section is--
            ``(1) a fine under this title or imprisonment for not more 
        than 20 years, or both, in the case of an offense under 
        subsection (a)(1) of this section;
            ``(2)(A) except as provided in subparagraph (B), a fine 
        under this title or imprisonment for not more than 3 years, or 
        both, in the case of an offense under subsection (a)(2); or
            ``(B) a fine under this title or imprisonment for not more 
        than ten years, or both, in the case of an offense under 
        paragraph (a)(2) of this section, if--
                    ``(i) the offense was committed for purposes of 
                commercial advantage or private financial gain;
                    ``(ii) the offense was committed in the furtherance 
                of any criminal or tortious act in violation of the 
                Constitution or laws of the United States, or of any 
                State; or
                    ``(iii) the value of the information obtained, or 
                that would have been obtained if the offense was 
                completed, exceeds $5,000;
            ``(3) a fine under this title or imprisonment for not more 
        than 1 year, or both, in the case of an offense under 
        subsection (a)(3) of this section;
            ``(4) a fine under this title or imprisonment of not more 
        than 20 years, or both, in the case of an offense under 
        subsection (a)(4) of this section;
            ``(5)(A) except as provided in subparagraph (D), a fine 
        under this title, imprisonment for not more than 20 years, or 
        both, in the case of an offense under subsection (a)(5)(A) of 
        this section, if the offense 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 on 
                behalf of, 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;
            ``(B) a fine under this title, imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(5)(B), if the offense caused a harm provided in 
        clause (i) through (vi) of subparagraph (A) of this subsection;
            ``(C) 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
            ``(D) a fine under this title, imprisonment for not more 
        than 1 year, or both, for any other offense under subsection 
        (a)(5);
            ``(6) a fine under this title or imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(6) of this section; or
            ``(7) a fine under this title or imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(7) of this section..''.

SEC. 4. TRAFFICKING IN PASSWORDS.

    Section 1030(a) of title 18, United States Code, is amended by 
striking paragraph (6) and inserting the following:
            ``(6) knowingly and with intent to defraud traffics (as 
        defined in section 1029) in--
                    ``(A) any password or similar information or means 
                of access through which a protected computer as defined 
                in subparagraphs (A) and (B) of subsection (e)(2) may 
                be accessed without authorization; or
                    ``(B) any means of access through which a protected 
                computer as defined in subsection (e)(2)(A) may be 
                accessed without authorization.''.

SEC. 5. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES.

    Section 1030(b) of title 18, United States Code, is amended by 
inserting ``for the completed offense'' after ``punished as provided''.

SEC. 6. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED ACTIVITY IN 
              CONNECTION WITH COMPUTERS.

    Section 1030 of title 18, United States Code, is amended by 
striking subsections (i) and (j) and inserting the following:
    ``(i) Criminal Forfeiture.--
            ``(1) The court, in imposing sentence on any person 
        convicted of a violation of this section, or convicted of 
        conspiracy to violate 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) such person's interest in any property, real 
                or personal, that was used, or intended to be used, to 
                commit or facilitate the commission of such violation; 
                and
                    ``(B) any property, real or personal, constituting 
                or derived from any gross proceeds, or any property 
                traceable to such property, that such person obtained, 
                directly or indirectly, as a result of such violation.
            ``(2) The criminal forfeiture of property under this 
        subsection, including any seizure and disposition of the 
        property, and any related judicial or administrative 
        proceeding, shall be governed by the provisions of section 413 
        of the Comprehensive Drug Abuse Prevention and Control Act of 
        1970 (21 U.S.C. 853), except subsection (d) of that section.
    ``(j) Civil Forfeiture.--
            ``(1) The following shall be subject to forfeiture to the 
        United States and no property right, real or personal, shall 
        exist in them:
                    ``(A) Any property, real or personal, that was 
                used, or intended to be used, to commit or facilitate 
                the commission of any violation of this section, or a 
                conspiracy to violate this section.
                    ``(B) Any property, real or personal, constituting 
                or derived from any gross proceeds obtained directly or 
                indirectly, or any property traceable to such property, 
                as a result of the commission of any violation of this 
                section, or a conspiracy to violate this section.
            ``(2) Seizures and forfeitures under this subsection shall 
        be governed by the provisions in 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, 
        United States Code, shall be performed by such officers, agents 
        and other persons as may be designated for that purpose by the 
        Secretary of Homeland Security or the Attorney General.''.

SEC. 7. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by inserting after section 1030 the following:

``SEC. 1030A. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER.

    ``(a) Definitions.--In this section--
            ``(1) the terms `computer' and `damage' have the meanings 
        given such terms in section 1030; and
            ``(2) the term `critical infrastructure computer' means a 
        computer that manages or controls systems or assets vital to 
        national defense, national security, national economic 
        security, public health or safety, or any combination of those 
        matters, whether publicly or privately owned or operated, 
        including--
                    ``(A) gas and oil production, storage, and delivery 
                systems;
                    ``(B) water supply systems;
                    ``(C) telecommunication networks;
                    ``(D) electrical power delivery systems;
                    ``(E) finance and banking systems;
                    ``(F) emergency services;
                    ``(G) transportation systems and services; and
                    ``(H) government operations that provide essential 
                services to the public.
    ``(b) Offense.--It shall be unlawful to, during and in relation to 
a felony violation of section 1030, intentionally cause or attempt to 
cause damage to a critical infrastructure computer, and such damage 
results in (or, in the case of an attempt, would, if completed have 
resulted in) the substantial impairment--
            ``(1) of the operation of the critical infrastructure 
        computer; or
            ``(2) of the critical infrastructure associated with the 
        computer.
    ``(c) Penalty.--Any person who violates subsection (b) shall be 
fined under this title, imprisoned for not less than 3 years nor more 
than 20 years, or both.
    ``(d) Consecutive Sentence.--Notwithstanding any other provision of 
law--
            ``(1) a court shall not place on probation any person 
        convicted of a violation of this section;
            ``(2) except as provided in paragraph (4), no term of 
        imprisonment imposed on a person under this section shall run 
        concurrently with any other term of imprisonment, including any 
        term of imprisonment imposed on the person under any other 
        provision of law, including any term of imprisonment imposed 
        for the felony violation section 1030;
            ``(3) in determining any term of imprisonment to be imposed 
        for a felony violation of section 1030, a court shall not in 
        any way reduce the term to be imposed for such crime so as to 
        compensate for, or otherwise take into account, any separate 
        term of imprisonment imposed or to be imposed for a violation 
        of this section; and
            ``(4) a term of imprisonment imposed on a person for a 
        violation of this section may, in the discretion of the court, 
        run concurrently, in whole or in part, only with another term 
        of imprisonment that is imposed by the court at the same time 
        on that person for an additional violation of this section, 
        provided that such discretion shall be exercised in accordance 
        with any applicable guidelines and policy statements issued by 
        the United States Sentencing Commission pursuant to section 994 
        of title 28.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 47 of title 18, United States Code, is amended by inserting 
after the item relating to section 1030 the following:

``Sec. 1030A. Aggravated damage to a critical infrastructure 
                            computer.''.

SEC. 8. LIMITATION ON ACTIONS INVOLVING UNAUTHORIZED USE.

    Section 1030(e)(6) of title 18, United States Code, is amended by 
striking ``alter;'' and inserting ``alter, but does not include access 
in violation of a contractual obligation or agreement, such as an 
acceptable use policy or terms of service agreement, with an Internet 
service provider, Internet website, or non-government employer, if such 
violation constitutes the sole basis for determining that access to a 
protected computer is unauthorized;''.
                                                       Calendar No. 324

112th CONGRESS

  2d Session

                                S. 2111

_______________________________________________________________________

                                 A BILL

 To enhance punishment for identity theft and other violations of data 
                         privacy and security.

_______________________________________________________________________

                           February 16, 2012

            Read the second time and placed on the calendar