A bill to amend title 18, United States Code, to modify authorities relating to the use of pen registers and trap and trace devices, to modify provisions relating to fraud and related activities in connection with computers, and for other purposes.
Directs the court, upon application made by: (1) an attorney for the Government, to enter an ex parte order authorizing the installation and use of a pen register or trap and trace device if it finds that such attorney has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation (the order shall, upon service, apply to any entity providing wire or electronic communication service in the United States whose assistance is required to effectuate the order); and (2) a State investigative or law enforcement officer (unless prohibited by State law), to enter an ex parte order authorizing the installation and use of such register or device within the court's jurisdiction if it finds that the officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
Requires the order to specify a description of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device with respect to States, the geographic limits of the order.
Provides for emergency installation of a pen register or trap and trace device in situations involving: (1) an immediate threat to U.S. national security interests, or to public health or safety; or (2) an attack on the integrity or availability of a protected computer which attack would be an offense punishable under Federal criminal code prohibitions against fraud and related activity in connection with computers.
Modifies the definitions of: (1) "court of competent jurisdiction" to mean any U.S. district court or any U.S. Court of Appeals having jurisdiction over the offense being investigated; and (2) "pen register" and "trap and trace device" to cover processes (as well as devices) and dialing, routing, addressing, or signaling information with respect to a wire or electronic communication.
(Sec. 2) Revises Federal criminal code (the code) provisions regarding penalties for fraud and related activity in connection with computers to cover certain attempts to commit punishable offenses, and to provide penalties for offenses (or attempts) regarding: (1) loss to one or more persons during any one-year period aggregating at least $5,000 in value; (2) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; (3) physical injury to any person; (4) a threat to public health or safety; or (5) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security. Repeals a limitation on damages in civil actions to economic damages if any of subparagraphs (2) through (5) apply.
Directs the court, in imposing sentence on any person convicted of a violation, to order, in addition to any other sentence imposed and irrespective of any State law provision, that such person forfeit to the United States: (1) the interest of such person in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and (2) any property constituting or derived from any proceeds that such person obtained as a result of such violation. Makes specified Controlled Substances Act provisions regarding the criminal forfeiture, seizure, and disposition of property applicable to this section.
Sets forth similar provisions with respect to civil forfeiture.
(Sec. 3) Amends provisions of the code regarding juvenile delinquency proceedings in district courts, and transfer for criminal prosecution, to cover situations involving fraud and related activity in connection with computers.
(Sec. 4) Modifies provisions of the Antiterrorism and Effective Death Penalty Act of 1996 to direct the United States Sentencing Commission to amend the sentencing guidelines to ensure that any individual convicted of a felony violation of the prohibition against knowingly causing the transmission of a program, information, code, or command, thereby intentionally causing damage without authorization, to a protected computer is imprisoned for not less than six months.
Read twice and referred to the Committee on the Judiciary.