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H.R. 5938 (110th): Former Vice President Protection Act of 2008

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

9/26/2008--Public Law. Title I: Former Vice President Protection Act - Former Vice President Protection Act of 2008 - Amends the federal criminal code to provide secret service protection to former Vice Presidents, their spouses, and their children under 16 years of age for up to six months after a former Vice President leaves office. Authorizes the Secretary of Homeland Security to direct the Secret Service to provide temporary protection to former Vice Presidents and their family members at any time thereafter if warranted. Extends such protection to any Vice President holding office on or after the enactment of this Act.

Title II: Identity Theft Enforcement and Restitution Act - Identity Theft Enforcement and Restitution Act of 2008 - Amends the federal criminal code to: (1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred; (2) allow prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication; (3) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer; (4) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution; (5) expand the definition of "cyber-extortion" to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; (6) prohibit conspiracies to commit computer fraud; (7) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and (8) impose criminal and civil forfeitures of property used to commit computer fraud offenses.

Directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect the intent of Congress that penalties for such offenses be increased. Sets forth criteria for updating such guidelines and policy statements.