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S. 2168 (110th): Identity Theft Enforcement and Restitution Act of 2007


The text of the bill below is as of Oct 16, 2007 (Introduced).


II

110th CONGRESS

1st Session

S. 2168

IN THE SENATE OF THE UNITED STATES

October 16, 2007

(for himself, Mr. Specter, Mr. Grassley, Mr. Nelson of Florida, and Mr. Durbin) 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 enable increased federal prosecution of identity theft crimes and to allow for restitution to victims of identity theft.

1.

Short title

This Act may be cited as the Identity Theft Enforcement and Restitution Act of 2007.

2.

Criminal restitution

Section 3663(b) of title 18, United States Code, is amended—

(1)

in paragraph (4), by striking ; and and inserting a semicolon;

(2)

in paragraph (5), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(6)

in the case of an offense under sections 1028(a)(7) or 1028A(a) of this title, pay an amount equal to the value of the time reasonably spent by the victim in an attempt to remediate the intended or actual harm incurred by the victim from the offense.

.

3.

Predicate offenses for aggravated identity theft and misuse of identifying information of organizations

(a)

Identity theft

Section 1028 of title 18, United States Code, is amended—

(1)

in subsection (a)(7), by inserting (including an organization as defined in section 18 of this title) after person; and

(2)

in subsection (d)(7), by inserting or other person after specific individual.

(b)

Aggravated identity theft

Section 1028A of title 18, United States Code, is amended—

(1)

in subsection (a)(1), by inserting (including an organization as defined in section 18 of this title) after person; and

(2)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by inserting , or a conspiracy to commit such a felony violation, after any offense that is a felony violation;

(B)

by redesignating—

(i)

paragraph (11) as paragraph (14);

(ii)

paragraphs (8) through (10) as paragraphs (10) through (12), respectively; and

(iii)

paragraphs (1) through (7) as paragraphs (2) through (8), respectively;

(C)

by inserting prior to paragraph (2), as so redesignated, the following:

(1)

section 513 (relating to making, uttering, or possessing counterfeited securities);

;

(D)

by inserting after paragraph (8), as so redesignated, the following:

(9)

section 1708 (relating to mail theft);

;

(E)

in paragraph (12), as so redesignated, by striking ; or and inserting a semicolon; and

(F)

by inserting after paragraph (12), as so redesignated, the following:

(13)

section 7201, 7206, or 7207 of title 26 (relating to tax fraud); or

.

4.

Ensuring jurisdiction over the theft of sensitive identity information

Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking if the conduct involved an interstate or foreign communication.

5.

Malicious spyware, hacking and keyloggers

(a)

In general

Section 1030 of title 18, United States Code, is amended—

(1)

in subsection (a)(5)—

(A)

by striking subparagraph (B); and

(B)

in subparagraph (A)—

(i)

by striking (A)(i) knowingly and inserting (A) knowingly;

(ii)

by redesignating clauses (ii) and (iii) as subparagraphs (B) and (C), respectively; and

(iii)

in subparagraph (C), as so redesignated, by striking ; and and inserting a period;

(2)

in subsection (c)—

(A)

in paragraph (2)(A), by striking (a)(5)(A)(iii),;

(B)

in paragraph (3)(B), by striking (a)(5)(A)(iii),;

(C)

by amending paragraph (4) to read as follows:

(4)
(A)

except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 5 years, or both, in the case of—

(i)

an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have 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 for 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; or

(ii)

an attempt to commit an offense punishable under this subparagraph;

(B)

except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 10 years, or both, in the case of—

(i)

an offense under subsection (a)(5)(A), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused) a harm provided in subclauses (I) through (VI) of subparagraph (A)(i); or

(ii)

an attempt to commit an offense punishable under this subparagraph;

(C)

except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 20 years, or both, in the case of—

(i)

an offense or an attempt to commit an offense under subparagraphs (A) or (B) of subsection (a)(5) that occurs after a conviction for another offense under this section; or

(ii)

an attempt to commit an offense punishable under this subparagraph;

(D)

a fine under this title, imprisonment for not more than 10 years, or both, in the case of—

(i)

an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or

(ii)

an attempt to commit an offense punishable under this subparagraph;

(E)

if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for not more than 20 years, or both;

(F)

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

(G)

a fine under this title, imprisonment for not more than 1 year, or both, for—

(i)

any other offense under subsection (a)(5); or

(ii)

an attempt to commit an offense punishable under this subparagraph.

; and

(D)

by striking paragraph (5); and

(3)

in subsection (g)—

(A)

in the second sentence, by striking in clauses (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B) and inserting in subclauses (I), (II), (III), (IV), (V), or (VI) of subsection (c)(4)(A)(i); and

(B)

in the third sentence, by striking subsection (a)(5)(B)(i) and inserting subsection (c)(4)(A)(i)(I).

(b)

Conforming changes

Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking 1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v) and inserting 1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) through (VI).

6.

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 from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization 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;

.