Internet Integrity and Critical Infrastructure Protection Act of 2000
(Sec. 102) Requires the criminal and civil forfeiture of any property used in committing such offenses, as well as any property constituting or derived from proceeds from such offense.
(Sec. 104) Includes such offenses when committed by juveniles as offenses under which the Attorney General may certify to the appropriate district court a substantial Federal interest in exercising Federal prosecution.
(Sec. 105) Includes as a defense against prosecution for a computer offense by a telecommunications provider, subscriber, or other aggrieved person that the person providing the information was responding to the request of a governmental entity.
(Sec. 106) Authorizes the Federal interception of wire, oral, or electronic communications for a suspected felony violation relating to computer fraud and abuse.
(Sec. 107) Provides for the criminal forfeiture of any replicator or other device used to copy a computer program or computer program documentation or packaging.
(Sec. 108) Directs the U.S. Sentencing Commission to amend Federal sentencing guidelines to provide guidelines relating to computer fraud and abuse and the use of encryption in connection with the commission or concealment of criminal acts.
(Sec. 109) Requires the Director of the Federal Bureau of Investigation (FBI) to construct and equip a National Cyber-Crime Technical Support Center to serve as the centralized technical resource for Federal, State, and local law enforcement and to provide technical assistance in the investigation of computer-related criminal activities. Requires the Director to develop at least ten regional computer forensic laboratories, and to provide support, education, and assistance for such existing laboratories.
Directs the Assistant Attorney General for the Office of Justice Programs of the Department of Justice (DOJ) to make a grant to each State to develop and establish programs to assist State and local law enforcement in enforcing laws relating to computer crime and for related activities. Requires each State receiving grant funds to assure the Attorney General (AG) that it has in effect laws penalizing computer crime. Limits the Federal share to 90 percent of program costs. Authorizes the AG to make grants to Indian tribes for such purposes. Provides funding limitations. Authorizes appropriations.
Title II: Anti-Fraud Protections - Provides criminal penalties for intentionally and without consent or authorization initiating the transmission of an unsolicited commercial electronic mail advertisement to one or more protected computers with knowledge that such advertisement falsifies an Internet domain, header, or other identifying information.
Title III: Privacy and Confidentiality Protections - Requires the inclusion within an application for a pen register or trap and trace device a description of the facts upon which such request is based. Requires to be included in annual reports concerning such authorized uses the offense specified and the number and nature of the facilities affected.
(Sec. 302) Amends the Communications Act of 1934 to require a satellite carrier or distributor, at the time of entering into an agreement to provide any satellite home viewing service to a subscriber and at least annually thereafter, to notify the subscriber of any personally identifiable information collected and its use, the nature and purposes of any disclosure of such information, the subscriber's access to such information, and the subscriber's right to enforce all appropriate information collection and disclosure limitations. Prohibits a carrier or distributor from collecting such information without prior written or electronic subscriber consent, except: (1) to obtain information necessary to render such service; or (2) to detect unauthorized reception of satellite communications. Prohibits a carrier from disclosing such information, except: (1) when necessary for a business purpose; (2) to a law enforcement agency pursuant to a warrant; or (3) in limited circumstances, to disclose subscriber names and addresses to another provider of satellite or other services. Provides procedures for obtaining a warrant under (2), above. Requires a subscriber to be provided access to all personal information collected and maintained by a carrier or distributor. Provides civil relief for violations of such requirements.
(Sec. 303) Requires certain information concerning discovered encryption activities to be included in reports required in connection with the interception of wire, oral, or electronic communications.
(Sec. 304) Prohibits an interactive computer service (service) from disclosing to a person other than the consumer any personally identifiable information, unless: (1) the service notifies the consumer of such disclosure; (2) the consumer is given the opportunity to object to the disclosure; and (3) the service explains how the consumer can exercise the nondisclosure option. Require the service to provide to the consumer, at the beginning of the business relationship, the service's policies and practices with regard to the collection and use of such information. Provides a civil cause of action for violations of such requirements.
(Sec. 305) Authorizes the AG to carry out a national media campaign to raise public awareness of existing rights, laws, and regulations relating to Internet security and the privacy of personally identifiable information over the Internet. Outlines campaign objectives and elements. Prohibits the use of funds for political activities, with an exception. Requires the AG to enter into an agreement with a qualified certified public accountant to obtain a campaign assessment. Requires a report, after such assessment, from the AG to the congressional judiciary and appropriations committees. Terminates the campaign three years after the enactment of this Act. Authorizes appropriations for FY 2001 through 2003.
(Sec. 306) Makes it unlawful to knowingly and with intent to defraud obtain, or cause to be disclosed to any person, personally identifiable information of an interactive computer service relating to another person without that person's consent or authorization. Allows such service or its employees to obtain such information in the course of: (1) system testing or security procedures; (2) investigations of misconduct allegations of such employees; or (3) recovering information which was obtained in a criminal manner.
Title IV: National Security and Critical Infrastructure Protection - Directs the AG to appoint a Deputy Assistant Attorney General for Computer Crime and Intellectual Property (Deputy Assistant) to: (1) advise Federal prosecutors and law enforcement personnel regarding computer and intellectual property crime; (2) coordinate national and international activities for combating such crime; (3) guide and assist Federal, State, and local law enforcement agencies and personnel, as well as appropriate foreign entities, regarding responses to threats of such crimes; and (4) undertake related coordinating, training, and legislative recommendation activities. Requires the individual who holds the position of head of the Computer Crime and Intellectual Property Section of DOJ to act as the Deputy Assistant until the AG appoints another individual to that Section position. Authorizes appropriations for such Section.
(Sec. 402) Requires the FBI's Director of the National Infrastructure Protection Center to use appropriated funds to gather and analyze information concerning threats to, and provide assessments and assistance for protecting, the national critical infrastructure. Authorizes appropriations for FY 2001 through 2005.
(Sec. 403) Amends Federal employee provisions to authorize the assignment or transfer of a Federal employee to a provider of wire or electronic communication service, data encryption service, or related service in order to further objectives of this Act.
Title V: International Computer Crime Enforcement - International Computer Crime Enforcement Assistance Act of 2000 - Authorizes the AG to provide computer crime (other than trade secrets or undisclosable proprietary information) evidence or information to a foreign law enforcement authority (foreign authority) in order to assist in the enforcement of foreign computer crime law. Requires a mutual assistance agreement with the appropriate foreign country or organization prior to the release of such information.
(Sec. 503) Authorizes the AG to provide investigative assistance to foreign authorities for obtaining computer crime evidence relating to the enforcement of foreign computer crime laws. Requires a mutual assistance agreement.
(Sec. 504) Authorizes the appropriate U.S. district court, upon application of the AG under a mutual assistance agreement, to order a person to give testimony or a statement, or to produce a document or other thing, in order to assist a foreign authority to enforce a foreign computer crime law. Outlines court procedures.
(Sec. 505) Prohibits the AG from taking any actions authorized under this title unless the AG determines that: (1) the foreign authority concerned will honor its mutual assistance agreement; (2) providing evidence will not violate any agreement; and (3) disclosing evidence or exercising authority is consistent with U.S. public interests.
(Sec. 506) Authorizes the AG to receive reimbursement from a foreign authority for costs incurred in exercising authority under this title.
(Sec. 507) Exempts determinations made under section 505 from judicial review.
(Sec. 508) Outlines computer crime mutual assistance agreement elements, including a requirement that the foreign authority will provide the AG with comparable assistance, and will protect evidence provided in the same manner as the AG would. Excludes from such agreements computer crime evidence: (1) occurring before a grand jury for which disclosure is prevented by Federal law (with exceptions); (2) that is specifically authorized under Executive Order to be kept secret in the interest of national defense or foreign policy and is classified or pending classification; or (3) that is classified under the Atomic Energy Act. Requires prior publication of any mutual assistance agreement, as well as subsequent publication of agreement modifications and terminations.
(Sec. 510) Requires the AG to report to the congressional judiciary committees regarding the effects of this title on the enforcement of Federal computer crime laws as well as foreign authority compliance with mutual assistance agreements.
Title VI: Severability - Provides for the severability of provisions of this Act.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 941.