S. 2111 (112th): Cyber Crime Protection Security Act

112th Congress, 2011–2013. Text as of Feb 16, 2012 (Placed on Calendar in the Senate).

Status & Summary | PDF | Source: GPO

II

Calendar No. 324

112th CONGRESS

2d Session

S. 2111

IN THE SENATE OF THE UNITED STATES

February 15, 2012

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.

1.

Short title

This Act may be cited as the Cyber Crime Protection Security Act.

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.

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..

.

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.

.

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.

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.

.

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:

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.

.

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;.

February 16, 2012

Read the second time and placed on the calendar