IP: Senate Proposal Attacks Cracking

[Dave Farber <farber () cis upenn edu>]

> ~~ www.cybertelecom.org ~~
>
> http://www.senate.gov/~schumer/html/schumer_offers_legislative_pac.html
> Schumer Offers Legislative Package to Combat Online Hacking
>
> Legislation will Enhance Law Enforcement's Ability to Deal with the
> Problem and Punish Hackers
>
> Proposal Will Address Growing Threats to Online Security Without
> Restraining Internet Freedom
>
> US Senator Charles E. Schumer today announced that he will introduce
> major legislation to address computer crime.  The legislation would
> provide nationwide trap and trace authority, lower barriers to Federal
> prosecution of computer criminals, increase computer crime prosecutions
> by modifying a sentencing directive, and allow for prosecution of
> juvenile perpetrators of serious computer crimes. Schumer will introduce
> the legislation when the Senate returns from recess next week.
>
> "As last week's events proved, the growing threat that computer crimes
> pose to our increasingly networked and global society is something law
> enforcement must be able to address," said Schumer.
> "The rules governing law enforcement have not kept pace with our
> changing technology and this legislation is designed to make sure law
> enforcement has the tools it needs to keep up."
>
> Last week, computer hackers deluged popular web sites including
> Amazon.com, CNN.com, E-Trade, eBay and Yahoo, temporarily slowing or
> completely blocking traffic on the sites.
>
> "We have a two-part problem.  The systems themselves are vulnerable, and
> law enforcement is shackled with rules designed to deal with 20th
> Century criminals in a 21st Century world.  We have to update the rules
> to fit the crimes," said Schumer.
>
> The four major provisions of the legislation would:
>
>     1. Update the laws governing the use of trap and trace devices.
> Trap and trace devices capture incoming electronic impulses that
> identify the originating number of a computer.  Today, investigators
> must obtain a trap and trace order in each state through which an
> electronic communication is made, but nearly all hacking crimes spread
> through multiple states.  The Schumer bill would authorize the issuance
> of a single order to completely trace an online communication from start
> to finish.
>
>     2. Lower monetary barriers to the Federal prosecution of computer
> criminals.  The Computer Fraud and Abuse Act currently requires monetary
> proof of damages in excess of $5,000.  In several cases, prosecutors
> have found that while computer intruders attempted to harm computers
> vital to infrastructures, such as telecommunications and financial
> services, damages of $5,00 could not be proven.  The legislation will
> unambiguously permit federal jurisdiction at the outset of an attack,
> rather than having investigators wait for any damage assessment.  Crimes
> that exceed $5,000 will be prosecuted as felonies, while crimes below
> that amount will be defined as misdemeanors.  Furthermore, the costs of
> responding to the offense, conducting a damage assessment, restoring a
> system to its original condition, and any lost revenue or costs incurred
> from the interruption in service in the damage assessment will be
> counted toward a $5,000 loss.
>
>     3. Increase Computer Crime Prosecutions by Modifying Sentencing
> Directive.  A directive to the sentencing commission contained in the
> Antiterrorism and Effective Death Penalty Act of 1999 required a
> mandatory minimum sentence of six months' imprisonment for violations of
> the Computer Fraud and Abuse Act.  Because of the mandatory imprisonment
> clause, some prosecutors have not brought charges where a six month
> sentence would be excessive.  This bill will provide for lesser
> sentences for lesser crimes, thereby helping to ensure that all crimes
> are punished.
>
>     4. Make Juvenile Perpetrators of the Most Serious Computer Crimes
> Eligible for Federal Prosecution.  This legislation will make juveniles
> fifteen years of age or older who commit the most serious violations of
> the Computer Fraud and Abuse Act eligible for federal prosecution in
> cases where the Attorney General finds such prosecution appropriate.
>
> "These are just the first steps in a very long fight against cybercrime
> that many of us will wage for years to come," said Schumer.  "But they
> are important beginning steps in our efforts to stem the tide of
> cybercrime while protecting the privacy rights of innocent individuals."
>
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>
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