[Congressional Record Volume 153, Number 160 (Monday, October 22, 2007)]
[Senate]
[Pages S13194-S13195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself and Mr. Biden):
  S. 2213. A bill to amend title 18, United States Code, to improve 
prevention, investigation, and prosecution of cyber-crime, and for 
other purposes; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce S. 2213, the 
Cyber-Crime Act of 2007. I am joined in this effort by my colleague and 
good friend Senator Biden. This bipartisan legislation makes important, 
appropriate and necessary changes to federal law relating to computer 
fraud.
  Continuous innovation in technology provides remarkable benefits to 
individuals throughout the world. In the United States, the integration 
of computer networks has allowed for increased efficiency of American 
businesses and provided greater access to

[[Page S13195]]

services and information for individuals. The ability of individuals 
and businesses to store vast amounts of data on computer networks has 
led to innumerable advantages including increased productivity and 
financial savings.
  However, these same networks have proven to be prime targets for 
criminals seeking to utilize malicious computer code for illicit gain. 
Criminals are using viruses to exploit technological weaknesses in 
computer networks. These collections of compromised computers are 
called ``botnets'', and serve as zombie networks which can be remotely 
controlled by an attacker and used for numerous crimes, including 
identity theft and attacks on critical computer systems. Botnets can 
consist of hundreds of thousands of computers, and most victims are 
unaware their computer equipment has been compromised. An underground 
market has developed for these botnets, as criminals are renting these 
compromised networks to carry out different types of attacks. Botnets 
have the ability to grow exponentially and the potential damage from 
these networks grows accordingly.
  Botnets pose a tremendous threat to our national infrastructure, 
economy, and security. Portions of the federal law relating to computer 
crime, written in a pre-Internet era, are inadequate and leave several 
unaddressed loopholes in our criminal code. For example, under current 
federal law a creator of a botnet can only be charged if the financial 
loss to one or more persons during one year passes a certain dollar 
threshold. It can be very difficult to put a price tag on the losses 
experienced by computer users, as it is not easy to calculate how much 
money an individual's time is worth in terms diverted from work or in 
trying to fix a malicious bot. In addition, it is possible for a 
criminal to create large botnets that can be utilized for future denial 
of service attacks and other violations, and still not violate this 
section of law.
  In order to address this, the legislation we offer today modifies the 
Federal criminal code by criminalizing willful damage to 10 or more 
computers in any one year period. This change will allow the 
prosecution of criminals who covertly install malicious bots on 
protected computers with the purposes of making a botnet.
  Also, S. 2213, will make other necessary changes to the Federal code, 
including expanding the definition of cyber extortion, and permit law 
enforcement seizure of computer equipment and other property used to 
perpetrate computer crimes. As well, the bill includes a directive to 
the U.S. Sentencing Commission to consider many highly relevant factors 
in its review of appropriate sentences for cyber crime.
  All of the changes contemplated by this legislation, if aggressively 
enforced by law enforcement, will have a positive impact on our 
security. In this information age, it will not take long for potential 
criminals to hear about the new tools available to law enforcement 
personnel and many will be deterred from perpetrating illegal activity 
over the Internet.
  As criminals continue to adapt their tactics to exploit technological 
changes and loopholes in the law, it is imperative that Congress pass 
legislation that allows Federal law enforcement to maintain vigorous 
and tireless efforts in the investigation of cyber crime activity. I am 
confidant that this legislation, once enacted, will provide for the 
tools needed to pursue those who choose to inflict such harm to our 
society.
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