II

Calendar No. 941

106TH CONGRESS

2D SESSION S. 2448

To enhance the protections of the Internet and the critical infrastructure

of the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 2000

Mr. HATCH (for himself, Mr. SCHUMER, Mr. ABRAHAM, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

OCTOBER 5 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To enhance the protections of the Internet and the critical

infrastructure of the United States, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Internet Integrity and Critical Infrastructure Protection

6 Act of 2000’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—CYBER-HACKING

Sec. 101. Deterrence and prevention of fraud, abuse, and criminal acts in connection with computers.

Sec. 102. Criminal and civil forfeiture for computer fraud and abuse.

Sec. 103. Enhanced coordination of Federal agencies.

Sec. 104. Deterring juvenile involvement in computer crimes.

Sec. 105. Additional defense to civil actions relating to preserving records in response to government request.

Sec. 106. Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse.

Sec. 107. Forfeiture of devices used in computer software counterfeiting and intellectual property theft.

Sec. 108. Sentencing directives for computer crimes.

Sec. 109. Assistance to Federal, State, and local computer crime enforcement

and establishment of National Cyber-Crime Technical Support

Center.

TITLE II—ANTI-FRAUD PROTECTIONS

Sec. 201. Protection from fraudulent unsolicited electronic mail.

TITLE III—PRIVACY AND CONFIDENTIALITY PROTECTIONS

Sec. 301. Privacy protection concerning pen registers and trap and trace devices.

Sec. 302. Privacy protection for subscribers of satellite television services.

Sec. 303. Encryption reporting requirements.

Sec. 304. Fraud in online collection and dissemination of personally identifiable

information.

Sec. 305. National media campaign on public awareness regarding online security and privacy.

Sec. 306. Fraudulent access to personally identifiable information.

TITLE IV—NATIONAL SECURITY AND CRITICAL

INFRASTRUCTURE PROTECTION

Sec. 401. Deputy Assistant Attorney General for Computer Crime and Intellectual Property.

Sec. 402. National Infrastructure Protection Center.

Sec. 403. Personnel exchange programs for critical infrastructure protection

training.

TITLE V—INTERNATIONAL COMPUTER CRIME ENFORCEMENT

Sec. 501. Short title.

Sec. 502. Disclosure of computer crime evidence to foreign law enforcement authorities relating to enforcement of foreign computer crime

laws.
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Sec. 503. Investigative assistance to foreign law enforcement authorities to obtain computer crime evidence relating to enforcement of foreign

computer crime laws.

Sec. 504. Court orders to provide assistance to foreign law enforcement authorities relating to enforcement of foreign computer crime

laws.

Sec. 505. Limitations on activities under computer crime mutual assistance

agreements.

Sec. 506. Reimbursement.

Sec. 507. Judicial review.

Sec. 508. Computer crime mutual assistance agreements.

Sec. 509. Preservation of existing authority.

Sec. 510. Report to Congress.

Sec. 511. Definitions.

TITLE VI—SEVERABILITY

Sec. 601. Severability.

1 TITLE I—CYBER-HACKING

2 SEC. 101. DETERRENCE AND PREVENTION OF FRAUD,

3 ABUSE, AND CRIMINAL ACTS IN CONNECTION

4 WITH COMPUTERS.

5 (a) PENALTIES.—Subsection (c) of section 1030 of

6 title 18, United States Code, is amended—

7 (1) in paragraph (2)—

8 (A) in subparagraph (A)—

9 (i) by inserting ‘‘except as provided in

10 subparagraph (B),’’ before ‘‘a fine’’; and

11 (ii) by striking ‘‘and’’ at the end;

12 (B) in subparagraph (B), by inserting ‘‘or

13 an attempt to commit an offense punishable

14 under this subparagraph,’’ after ‘‘subsection

15 (a)(2),’’ in the matter preceding clause (i); and

16 (C) in subparagraph (C), by striking

17 ‘‘and’’ at the end;
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1 (2) in paragraph (3)—

2 (A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’

3 both places it appears; and

4 (B) by striking ‘‘and’’ at the end; and

5 (3) by adding at the end the following new

6 paragraphs:

7 ‘‘(4)(A) except as provided in subparagraph

8 (B), a fine under this title, imprisonment for not

9 more than 3 years, or both, in the case of an offense

10 under subsection (a)(5)(A) or (a)(5)(B) which does

11 not occur after a conviction for another offense

12 under this section, or an attempt to commit an of13 fense punishable under this subparagraph;

14 ‘‘(B) a fine under this title, imprisonment for

15 not more than 10 years, or both, in the case of an

16 offense under subsection (a)(5)(A) or (a)(5)(B), or

17 an attempt to commit an offense punishable under

18 this subparagraph, if—

19 ‘‘(i) the defendant used, or attempted to

20 use, a person less than 18 years of age to com21 mit the offense; or

22 ‘‘(ii) the offense caused (or, in the case of

23 an attempted offense, would, if completed, have

24 caused)—
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1 ‘‘(I) loss to one or more persons dur2 ing any one-year period (including loss re3 sulting from a related course of conduct

4 affecting one or more other protected com5 puters) aggregating at least $5,000 in

6 value;

7 ‘‘(II) the modification or impairment,

8 or potential modification or impairment, of

9 the medical examination, diagnosis, treat10 ment, or care of one or more individuals;

11 ‘‘(III) physical injury to any person;

12 ‘‘(IV) a threat to public health or

13 safety; or

14 ‘‘(V) damage affecting a computer

15 system used by or for a government entity

16 in furtherance of the administration of jus17 tice, national defense, or national security;

18 ‘‘(C) a fine under this title, imprisonment for

19 not more than 10 years, or both, in the case of an

20 offense under subsection (a)(5)(A) or (a)(5)(B), or

21 an attempt to commit an offense punishable under

22 this subparagraph, that—

23 ‘‘(i) would otherwise be punishable under

24 subparagraph (A); and
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1 ‘‘(ii) occurs after a conviction for another

2 offense under subsection (a)(5)(A) or (a)(5)(B)

3 for which the defendant was punished under

4 subparagraph (A); and

5 ‘‘(D) a fine under this title, imprisonment for

6 not more than 20 years, or both, in the case of an

7 offense under subsection (a)(5)(A) or (a)(5)(B), or

8 an attempt to commit an offense punishable under

9 this subparagraph, that—

10 ‘‘(i) would otherwise be punishable under

11 subparagraph (B); and

12 ‘‘(ii) occurs after a conviction for another

13 offense under subsection (a)(5)(A) or (a)(5)(B)

14 for which the defendant was punished under

15 subparagraph (B); and

16 ‘‘(5) in the case of any felony offense under this

17 section, at the discretion of the court, termination of

18 and ineligibility for any financial assistance for post19 secondary education that is available under Federal

20 law, which punishment shall be in addition to any

21 other punishment described in this subsection.’’.

22 (b) DEFINITIONS.—Subsection (e) of that section is

23 amended—
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1 (1) in paragraph (2)(B), by inserting ‘‘, includ2 ing a computer located outside the United States’’

3 before the semicolon;

4 (2) in paragraph (7), by striking ‘‘and’’ at the

5 end;

6 (3) by striking paragraph (8) and inserting the

7 following new paragraph (8):

8 ‘‘(8) the term ‘damage’ means any impairment

9 to the integrity or availability of data, a program, a

10 system, or information;’’;

11 (4) in paragraph (9), by striking the period at

12 the end and inserting a semicolon; and

13 (5) by adding at the end the following new

14 paragraphs:

15 ‘‘(10) the term ‘conviction’ shall include an ad16 judication of juvenile delinquency for a violation of

17 this section;

18 ‘‘(11) the term ‘loss’ means any reasonable cost

19 to any victim, including the cost of responding to an

20 offense, conducting a damage assessment, and re21 storing the data, program, system, or information to

22 its condition prior to the offense, and any revenue

23 lost, cost incurred, or other consequential damages

24 incurred because of interruption of service;
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1 ‘‘(12) the term ‘person’ means any person,

2 firm, educational institution, financial institution,

3 government entity, or other entity;’’.

4 (c) DAMAGES IN CIVIL ACTIONS.—Subsection (g) of

5 that section is amended in the second sentence by striking

6 ‘‘involving damage’’ and all that follows through the end

7 and inserting ‘‘of subsection (a)(5) shall be limited to loss

8 unless such action includes one of the elements set forth

9 in subclauses (II) through (V) of section (c)(4)(B)(ii).’’.

10 (d) CERTIFICATION.—That section is further

11 amended—

12 (1) by redesignating subsection (h) as sub13 section (i); and

14 (2) by inserting after subsection (g) the fol15 lowing new subsection (h):

16 ‘‘(h)(1) An offense, or an attempt to commit an of17 fense, under subsection (a)(5)(A), (a)(5)(B), or (a)(5)(C)

18 shall not be proceeded against under this section unless—

19 ‘‘(A) the offense is punishable under subsection

20 (c)(4)(B); or

21 ‘‘(B) the United States Attorney certifies to the

22 appropriate district court of the United States that

23 there is a substantial Federal interest in the offense

24 that warrants the exercise of Federal jurisdiction

25 over the offense.
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1 ‘‘(2) A certification under paragraph (1)(B) shall not

2 be reviewable by any court.

3 ‘‘(3) The Attorney General shall submit to Congress

4 on an annual basis a report on the number of prosecutions

5 undertaken under paragraph (1)(B) during the year pre6 ceding the year in which such report is submitted.’’.

7 SEC. 102. CRIMINAL AND CIVIL FORFEITURE FOR COM8 PUTER FRAUD AND ABUSE.

9 (a) CRIMINAL FORFEITURE.—Section 1030 of title

10 18, United States Code, as amended by section 101 of this

11 Act, is further amended—

12 (1) by redesignating subsection (h) as sub13 section (l); and

14 (2) by inserting after subsection (g) the fol15 lowing new subsection (h):

16 ‘‘(h)(1) The court, in imposing sentence on any per17 son convicted of a violation of this section, shall order,

18 in addition to any other sentence imposed and irrespective

19 of any provision of State law, that such person forfeit to

20 the United States—

21 ‘‘(A) the interest of such person in any prop22 erty, whether real or personal, that was used or in23 tended to be used to commit or to facilitate the com24 mission of such violation; and
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1 ‘‘(B) any property, whether real or personal,

2 constituting or derived from any proceeds that such

3 person obtained, whether directly or indirectly, as a

4 result of such violation.

5 ‘‘(2) The criminal forfeiture of property under this

6 subsection, any seizure and disposition thereof, and any

7 administrative or judicial proceeding relating thereto, shall

8 be governed by the provisions of section 413 of the Com9 prehensive Drug Abuse Prevention and Control Act of

10 1970 (21 U.S.C. 853), except subsection (d) of that sec11 tion.’’.

12 (b) CIVIL FORFEITURE.—That section, as amended

13 by subsection (a) of this section, is further amended by

14 inserting after subsection (h) the following new subsection

15 (i):

16 ‘‘(i)(1) The following shall be subject to forfeiture to

17 the United States, and no property right shall exist in

18 them:

19 ‘‘(A) Any property, whether real or personal,

20 that is used or intended to be used to commit or to

21 facilitate the commission of any violation of this sec22 tion.

23 ‘‘(B) Any property, whether real or personal,

24 that constitutes or is derived from proceeds trace25 able to any violation of this section.
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1 ‘‘(2) The provisions of chapter 46 of this title relating

2 to civil forfeiture shall apply to any seizure or civil for3 feiture under this subsection.’’.

4 SEC. 103. ENHANCED COORDINATION OF FEDERAL AGEN5 CIES.

6 Section 1030(d) of title 18, United States Code, is

7 amended—

8 (1) by striking ‘‘subsections (a)(2)(A),

9 (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of’’; and

10 (2) by striking ‘‘which shall be entered into by’’

11 and inserting ‘‘between’’.

12 SEC. 104. DETERRING JUVENILE INVOLVEMENT IN COM13 PUTER CRIMES.

14 Section 5032 of title 18, United States Code, is

15 amended in clause (3) of the first undesignated

16 paragraph—

17 (1) by striking ‘‘or section 1002(a)’’ and insert18 ing ‘‘section 1002(a)’’; and

19 (2) by inserting after ‘‘of this title,’’ the fol20 lowing: ‘‘section 1030(a)(1), (a)(2)(B), (a)(3),

21 (a)(5)(A)(i), or (a)(5)(A)(ii) of this title,’’.
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1 SEC. 105. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELAT2 ING TO PRESERVING RECORDS IN RESPONSE

3 TO GOVERNMENT REQUEST.

4 Section 2707(e) of title 18, United States Code, is

5 amended—

6 (1) by redesignating paragraphs (2) and (3) as

7 paragraphs (3) and (4), respectively; and

8 (2) by inserting after paragraph (1) the fol9 lowing new paragraph (2):

10 ‘‘(2) a request of a governmental entity under

11 section 2703(f) of this title;’’.

12 SEC. 106. AUTHORITY TO INTERCEPT WIRE, ORAL, AND

13 ELECTRONIC COMMUNICATIONS RELATING

14 TO COMPUTER FRAUD AND ABUSE.

15 Section 2516(1)(c) of title 18, United States Code,

16 is amended by striking ‘‘and section 1341 (relating to mail

17 fraud),’’ and inserting ‘‘section 1341 (relating to mail

18 fraud), a felony violation of section 1030 (relating to com19 puter fraud and abuse),’’.

20 SEC. 107. FORFEITURE OF DEVICES USED IN COMPUTER

21 SOFTWARE COUNTERFEITING AND INTEL22 LECTUAL PROPERTY THEFT.

23 (a) IN GENERAL.—Section 2318(d) of title 18,

24 United States Code, is amended—

25 (1) by inserting ‘‘(1)’’ before ‘‘When’’;
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1 (2) in paragraph (1), as so designated, by in2 serting ‘‘, and of any replicator or other device or

3 thing used to copy or produce the computer program

4 or other item to which the counterfeit labels have

5 been affixed or which were intended to have had

6 such labels affixed’’ before the period; and

7 (3) by adding at the end the following:

8 ‘‘(2) The forfeiture of property under this section, in9 cluding any seizure and disposition of the property, and

10 any related judicial or administrative proceeding, shall be

11 governed by the provisions of section 413 (other than sub12 section (d) of that section) of the Comprehensive Drug

13 Abuse Prevention and Control Act of 1970 (21 U.S.C.

14 853).’’.

15 (b) CONFORMING AMENDMENT.—Section 492 of

16 such title is amended in the first undesignated paragraph

17 by striking ‘‘or 1720,’’ and inserting ‘‘, 1720, or 2318’’.

18 SEC. 108. SENTENCING DIRECTIVES FOR COMPUTER

19 CRIMES.

20 (a) AMENDMENT OF SENTENCING GUIDELINES RE21 LATING TO CERTAIN COMPUTER CRIMES.—Pursuant to

22 its authority under section 994(p) of title 28, United

23 States Code, the United States Sentencing Commission

24 shall amend the Federal sentencing guidelines and, if ap-
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1 propriate, shall promulgate guidelines or policy statements

2 or amend existing policy statements to address—

3 (1) the potential and actual loss resulting from

4 an offense under section 1030 of title 18, United

5 States Code (as amended by section 101 of this

6 Act);

7 (2) the level of sophistication and planning in8 volved in such an offense;

9 (3) the growing incidence of offenses under

10 such subsections and the need to provide an effective

11 deterrent against such offenses;

12 (4) whether or not such an offense was com13 mitted for purposes of commercial advantage or pri14 vate financial benefit;

15 (5) whether or not the defendant involved a ju16 venile in the commission of such an offense;

17 (6) whether or not the defendant acted with

18 malicious intent to cause harm in committing such

19 an offense;

20 (7) the extent to which such an offense violated

21 the privacy rights of individuals harmed by the of22 fense; and

23 (8) any other factor the Commission considers

24 appropriate in connection with any amendments

25 made by this Act with regard to such subsections.
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1 (b) AMENDMENT OF SENTENCING GUIDELINES RE2 LATING TO CERTAIN COMPUTER FRAUD AND ABUSE.—

3 Pursuant to its authority under section 994(p) of title 28,

4 United States Code, the United States Sentencing Com5 mission shall amend the Federal sentencing guidelines to

6 ensure that any individual convicted of a violation of sec7 tion 1030(a)(5)(A)(iii), of title 18, United States Code (as

8 so amended), can be subjected to appropriate penalties,

9 without regard to any mandatory minimum term of im10 prisonment.

11 (c) AMENDMENT OF SENTENCING GUIDELINES RE12 LATING TO USE OF ENCRYPTION.—Pursuant to its au13 thority under section 994(p) of title 28, United States

14 Code, the United States Sentencing Commission shall

15 amend the Federal sentencing guidelines and, if appro16 priate, shall promulgate guidelines or policy statements or

17 amend existing policy statements to ensure that the guide18 lines provide sufficiently stringent penalties to deter and

19 punish persons who intentionally use encryption in connec20 tion with the commission or concealment of criminal acts

21 sentenced under the guidelines.

22 (d) EMERGENCY AUTHORITY.—The Commission may

23 promulgate the guidelines or amendments provided for

24 under this section in accordance with the procedures set
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1 forth in section 21(a) of the Sentencing Act of 1987, as

2 though the authority under that Act had not expired.

3 SEC. 109. ASSISTANCE TO FEDERAL, STATE, AND LOCAL

4 COMPUTER CRIME ENFORCEMENT AND ES5 TABLISHMENT OF NATIONAL CYBER-CRIME

6 TECHNICAL SUPPORT CENTER.

7 (a) NATIONAL CYBER-CRIME TECHNICAL SUPPORT

8 CENTER.—

9 (1) CONSTRUCTION REQUIRED.—The Director

10 of the Federal Bureau of Investigation shall provide

11 for the construction and equipping of the technical

12 support center of the Federal Bureau of Investiga13 tion referred to in section 811(a)(1)(A) of the

14 Antiterrorism and Effective Death Penalty Act of

15 1996 (Public Law 104–132; 110 Stat. 1312; 28

16 U.S.C. 531 note).

17 (2) NAMING.—The technical support center

18 constructed and equipped under paragraph (1) shall

19 be known as the ‘‘National Cyber-Crime Technical

20 Support Center’’.

21 (3) FUNCTIONS.—In addition to any other au22 thorized functions, the functions of the National

23 Cyber-Crime Technical Support Center shall be—

24 (A) to serve as a centralized technical re25 source for Federal, State, and local law enforce-
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1 ment and to provide technical assistance in the

2 investigations of computer-related criminal ac3 tivities;

4 (B) to assist Federal, State, and local law

5 enforcement in enforcing Federal, State, and

6 local criminal laws relating to computer-related

7 crime;

8 (C) to provide training and education for

9 Federal, State, and local law enforcement per10 sonnel regarding investigative techniques and

11 forensic analyses pertaining to computer-related

12 crime;

13 (D) to conduct research and to develop

14 technologies for assistance in investigations and

15 forensic analyses of evidence related to com16 puter-related crimes;

17 (E) to facilitate and promote efficiencies in

18 the sharing of Federal law enforcement exper19 tise and investigative technologies and forensic

20 analysis pertaining to computer-related crimes

21 with State and local law enforcement personnel,

22 prosecutors, regional computer forensic labora23 tories and multijurisdictional computer crime

24 task forces; and
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1 (F) to carry out such other activities as

2 the Director considers appropriate.

3 (b) DEVELOPMENT AND SUPPORT OF COMPUTER FO4 RENSIC ACTIVITIES.—The Director shall take appropriate

5 actions to develop at least 10 regional computer forensic

6 laboratories, and to provide support, education, and assist7 ance for existing computer forensic laboratories, in order

8 that such computer forensic laboratories have the

9 capability—

10 (1) to provide forensic examinations with

11 respect to seized or intercepted computer evi12 dence relating to criminal activity;

13 (2) to provide training and education for

14 Federal, State, and local law enforcement per15 sonnel and prosecutors regarding investigations,

16 forensic analyses, and prosecutions of com17 puter-related crime;

18 (3) to assist Federal, State, and local law

19 enforcement in enforcing Federal, State, and

20 local criminal laws relating to computer-related

21 crime;

22 (4) to facilitate and promote the sharing of

23 Federal law enforcement expertise and informa24 tion about the investigation, analysis, and pros25 ecution of computer-related crime with State
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1 and local law enforcement personnel and pros2 ecutors, including the use of multijurisdictional

3 task forces; and

4 (5) to carry out such other activities as the

5 Director considers appropriate.

6 (c) GRANTS TO STATE AND LOCAL LAW ENFORCE7 MENT.—

8 (1) IN GENERAL.—Subject to the provisions of

9 appropriations Acts, the Assistant Attorney General

10 for the Office of Justice Programs of the Depart11 ment of Justice shall make a grant to each State,

12 which shall be used by the State, in conjunction with

13 units of local government, State and local courts,

14 other States, or combinations thereof, to establish

15 and develop programs to—

16 (A) assist State and local law enforcement

17 agencies in enforcing State and local criminal

18 laws relating to computer crime;

19 (B) assist State and local law enforcement

20 agencies in educating the public to prevent and

21 identify computer crime;

22 (C) educate and train State and local law

23 enforcement officers and prosecutors to conduct

24 investigations and forensic analyses of evidence

25 and prosecutions of computer crime;
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1 (D) assist State and local law enforcement

2 officers and prosecutors in acquiring computer

3 and other equipment to conduct investigations

4 and forensic analysis of evidence of computer

5 crimes; and

6 (E) facilitate and promote efficiencies in

7 the sharing of Federal law enforcement exper8 tise and information about the investigation,

9 analysis, and prosecution of computer crimes

10 with State and local law enforcement officers

11 and prosecutors, including the use of multijuris12 dictional task forces.

13 (2) ASSURANCES.—To be eligible to receive a

14 grant under this subsection, a State shall provide as15 surances to the Attorney General that the State—

16 (A) has in effect laws that penalize com17 puter crime, such as penal laws prohibiting—

18 (i) fraudulent schemes executed by

19 means of a computer system or network;

20 (ii) the unlawful damaging, destroy21 ing, altering, deleting, removing of com22 puter software, or data contained in a

23 computer, computer system, computer pro24 gram, or computer network; or
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1 (iii) the unlawful interference with the

2 operation of or denial of access to a com3 puter, computer program, computer sys4 tem, or computer network;

5 (B) an assessment of the State and local

6 resource needs, including criminal justice re7 sources being devoted to the investigation and

8 enforcement of computer crime laws; and

9 (C) a plan for coordinating the programs

10 funded under this subsection with other Feder11 ally funded technical assistant and training pro12 grams, including directly funded local programs

13 such as the Local Law Enforcement Block

14 Grant program (described under the heading

15 ‘‘Violent Crime Reduction Programs, State and

16 Local Law Enforcement Assistance’’ of the De17 partments of Commerce, Justice, and State, the

18 Judiciary, and Related Agencies Appropriations

19 Act, 1998 (Public Law 105–119)).

20 (3) MATCHING FUNDS.—The Federal share of a

21 grant received under this subsection may not exceed

22 90 percent of the total cost of a program or proposal

23 funded under this subsection unless the Attorney

24 General waives, wholly or in part, the requirements

25 of this paragraph.
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1 (4) GRANTS TO INDIAN TRIBES.—Notwith2 standing any other provision of this subsection, the

3 Attorney General may use amounts made available

4 under this subsection to make grants to Indian

5 tribes for use in accordance with this subsection.

6 (5) FUNDING.—

7 (A) IN GENERAL.—Of the amount author8 ized to be appropriated by subsection (d),

9 $25,000,000 shall be available for grants under

10 this subsection.

11 (B) LIMITATIONS.—Of the amount made

12 available under subparagraph (A) to carry out

13 this subsection not more than 3 percent may be

14 used by the Attorney General for salaries and

15 administrative expenses.

16 (C) MINIMUM AMOUNT.—Unless all eligible

17 applications submitted by any State or units of

18 local government within a State for a grant

19 under this subsection have been funded, the

20 State, together with grantees within the State

21 (other than Indian tribes), shall be allocated not

22 less than 0.75 percent of the total amount

23 made available under subparagraph (A) for

24 grants pursuant to this subsection, except that

25 the United States Virgin Islands, American
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1 Samoa, Guam, and the Northern Mariana Is2 lands each shall be allocated 0.25 percent.

3 (d) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) AUTHORIZATION.—There is hereby author5 ized to be appropriated for fiscal year 2001,

6 $125,000,000 for purposes of carrying out this sec7 tion, of which $20,000,000 shall be available solely

8 for activities under subsection (b) and of which

9 $25,000,000 shall be available solely for activities

10 under subsection (c).

11 (2) AVAILABILITY.—Amounts appropriated pur12 suant to the authorization of appropriations in para13 graph (1) shall remain available until expended.

14 TITLE II—ANTI-FRAUD

15 PROTECTIONS

16 SEC. 201. PROTECTION FROM FRAUDULENT UNSOLICITED

17 ELECTRONIC MAIL.

18 (a) VIOLATIONS.—Subsection (a) of section 1030 of

19 title 18, United States Code, as amended by section 101

20 of this Act, is further amended by inserting after para21 graph (7) the following new paragraph (8):

22 ‘‘(8) intentionally and without consent or au23 thorization of the recipient initiates the transmission

24 of an unsolicited commercial electronic mail adver25 tisement to one or more protected computers with
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1 knowledge that such advertisement falsifies an Inter2 net domain, header information, date or time stamp,

3 originating electronic mail address, or other identi4 fier;’’.

5 (b) PUNISHMENT.—Subsection (c)(2) of that section,

6 as so amended, is further amended—

7 (1) in subparagraph (A)—

8 (A) by inserting ‘‘(i)’’ after ‘‘in the case of

9 an offense’’; and

10 (B) by inserting after ‘‘an offense punish11 able under this subparagraph;’’ the following:

12 ‘‘or (ii) under subsection (a)(8) which results in

13 damage to a protected computer’’; and

14 (2) by adding at the end the following new sub15 paragraph:

16 ‘‘(D) in the case of a violation of subsection

17 (a)(8), actual monetary loss and statutory damages

18 of $15,000 per violation, or an amount of up to $10

19 per message per violation whichever is greater;’’.

20 (c) DEFINITIONS.—Subsection (e) of that section, as

21 so amended, is further amended by adding after para22 graph (12) the following new paragraphs:

23 ‘‘(13) the term ‘initiates the transmission’, in

24 the case of an unsolicited commercial electronic mail

25 advertisement, means to originate the commercial
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1 electronic mail advertisement, and excludes the ac2 tions of any interactive computer service whose fa3 cilities or services are used by another person to

4 transmit, relay, or otherwise handle such advertise5 ment;

6 ‘‘(14) the term ‘Internet domain’ means a spe7 cific computer system (commonly referred to as a

8 ‘host’) or collection of computer systems attached to

9 or able to be referenced from the Internet which are

10 assigned a specific reference point on the Internet

11 (commonly referred to as an ‘Internet domain

12 name’) and registered with an organization recog13 nized by the Internet industry as a registrant of

14 Internet domains;

15 ‘‘(15) the term ‘unsolicited commercial elec16 tronic mail advertisement’ means any electronic mail

17 message or advertisement that is part of a plan, pro18 gram, or campaign conducted to induce purchases of

19 goods or services, but does not include electronic

20 mail initiated by any person to others with whom

21 such person has a prior relationship, including a

22 prior business relationship, or electronic mail sent by

23 a source to recipients where such recipients, or their

24 designees, have at any time affirmatively requested

25 to receive communications from that source; and
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1 ‘‘(16) the term ‘Internet’ has the meaning given

2 that term in section 230(f)(1) of the Communica3 tions Act of 1934 (47 U.S.C. 230(f)(1)).’’.

4 TITLE III—PRIVACY AND CON5 FIDENTIALITY PROTECTIONS

6 SEC. 301. PRIVACY PROTECTION CONCERNING PEN REG7 ISTERS AND TRAP AND TRACE DEVICES.

8 (a) ANNUAL REPORTS.—The text of section 3126 of

9 such title is amended to read as follows:

10 ‘‘(a) ANNUAL REPORTS.—The Attorney General shall

11 submit to Congress on an annual basis a report on the

12 exercise of the authority under this chapter with respect

13 to pen registers and trap and trace devices.

14 ‘‘(b) CONTENTS OF REPORTS.—Each report under

15 subsection (a) shall set forth, for the period covered by

16 such report, the following:

17 ‘‘(1) The number of orders for pen registers

18 and for trap and trace devices applied for by law en19 forcement agencies, and the number and duration of

20 any extensions of such orders.

21 ‘‘(2) The identity and location of the investiga22 tive or law enforcement agency making each applica23 tion.

24 ‘‘(3) The offense specified in each order or ap25 plication, or extension of order.
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1 ‘‘(4) The number and nature of the facilities af2 fected.’’.

3 (b) APPLICATIONS FOR ORDERS.—Section 3122(b) of

4 such title is amended—

5 (1) by striking ‘‘and’’ at the end of paragraph

6 (1);

7 (2) by striking the period at the end of para8 graph (2) and inserting ‘‘; and’’; and

9 (3) by adding at the end the following new

10 paragraph:

11 ‘‘(3) a description of the facts on which the cer12 tification described in paragraph (2) is based.’’.

13 SEC. 302. PRIVACY PROTECTION FOR SUBSCRIBERS OF

14 SATELLITE TELEVISION SERVICES.

15 (a) IN GENERAL.—Section 631 of the Communica16 tions Act of 1934 (47 U.S.C. 551) is amended by adding

17 at the end the following:

18 ‘‘SEC. 631A. PRIVACY OF SUBSCRIBER INFORMATION FOR

19 SUBSCRIBERS OF SATELLITE TELEVISION

20 SERVICE.

21 ‘‘(a) NOTICE TO SUBSCRIBERS REGARDING PERSON22 ALLY IDENTIFIABLE INFORMATION.—At the time of en23 tering into an agreement to provide any satellite home

24 viewing service to a subscriber, and not less often than

25 annually thereafter, a satellite carrier or distributor shall
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1 provide notice in the form of a separate, written or elec2 tronic statement to the subscriber that clearly and con3 spicuously informs the subscriber of—

4 ‘‘(1) the nature of personally identifiable infor5 mation collected or to be collected with respect to

6 the subscriber as a result of the provision of such

7 service and the nature of the use of such informa8 tion;

9 ‘‘(2) the nature, frequency, and purpose of any

10 disclosure that may be made of such information, in11 cluding an identification of the types of persons to

12 whom the disclosure may be made;

13 ‘‘(3) the period during which such information

14 will be maintained by the satellite carrier or dis15 tributor;

16 ‘‘(4) the times and place at which the sub17 scriber may have access to such information in ac18 cordance with subsection (d); and

19 ‘‘(5) the limitations provided by this section

20 with respect to the collection and disclosure of infor21 mation by the satellite carrier or distributor and the

22 right of the subscriber under this section to enforce

23 such limitations.

24 ‘‘(b) COLLECTION OF PERSONALLY IDENTIFIABLE

25 INFORMATION.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), a satellite carrier or distributor shall not

3 use its satellite system to collect personally identifi4 able information concerning any subscriber without

5 the prior written or electronic consent of such sub6 scriber.

7 ‘‘(2) EXCEPTION.—A satellite carrier or dis8 tributor may use its satellite system to collect infor9 mation described in paragraph (1) in order—

10 ‘‘(A) to obtain information necessary to

11 render a satellite service provided by the sat12 ellite carrier or distributor to the subscriber; or

13 ‘‘(B) to detect unauthorized reception of

14 satellite communications.

15 ‘‘(c) DISCLOSURE OF PERSONALLY IDENTIFIABLE

16 INFORMATION.—

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), a satellite carrier or distributor—

19 ‘‘(A) may not disclose personally identifi20 able information concerning any subscriber

21 without the prior written or electronic consent

22 of such subscriber; and

23 ‘‘(B) shall take such actions as are nec24 essary to prevent unauthorized access to such
30

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1 information by a person other than such sub2 scriber or the satellite carrier or distributor.

3 ‘‘(2) EXCEPTIONS.—A satellite carrier or dis4 tributor may disclose information described in para5 graph (1) only if the disclosure is—

6 ‘‘(A) necessary to render, or conduct a le7 gitimate business activity related to, a cable or

8 satellite service or other service provided by the

9 satellite carrier or distributor to the subscriber;

10 ‘‘(B) to a law enforcement agency pursu11 ant to a warrant issued under the Federal

12 Rules of Criminal Procedures, or equivalent

13 State warrant, a Federal or State grand jury

14 subpoena or equivalent process authorized by a

15 Federal or State statute, or a court order

16 issued in accordance with paragraph (3); and

17 ‘‘(C) a disclosure of the names and ad18 dresses of subscribers to any other provider of

19 satellite service or other service, if—

20 ‘‘(i) the satellite carrier or distributor

21 has provided the subscriber the oppor22 tunity to prohibit or limit such disclosure;

23 and

24 ‘‘(ii) the disclosure does not reveal, di25 rectly or indirectly—
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1 ‘‘(I) the extent of any viewing or

2 other use by the subscriber of satellite

3 service or other service provided by

4 the satellite carrier or distributor; or

5 ‘‘(II) the nature of any trans6 action made by the subscriber over

7 the satellite system of the satellite

8 carrier or distributor.

9 ‘‘(3) COURT ORDERS.—

10 ‘‘(A) LIMITATIONS.—(i) A disclosure under

11 paragraph (2)(B) may be made only—

12 ‘‘(I) with prior notice to the sub13 scriber, except that delayed notice may be

14 given pursuant to section 2705 of title 18,

15 United States Code; and

16 ‘‘(II) if the law enforcement agency

17 shows that there is probable cause to be18 lieve that the information sought is rel19 evant to an ongoing criminal investigation

20 being conducted by the agency.

21 ‘‘(ii) In the case of a State government au22 thority, such a court order shall not issue if

23 prohibited by the law of such State.

24 ‘‘(B) QUASH OR MODIFICATION.—A court

25 issuing a court order pursuant to this para-
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1 graph, on a motion made promptly by the sat2 ellite carrier or distributor, may quash or mod3 ify the order if the information requested is un4 reasonably voluminous in nature or if compli5 ance with the order otherwise would cause an

6 unreasonable burden on the satellite carrier or

7 distributor, as the case may be.

8 ‘‘(d) SUBSCRIBER ACCESS TO INFORMATION.—A sat9 ellite subscriber shall be provided access to all personally

10 identifiable information regarding that subscriber that is

11 collected and maintained by a satellite carrier or dis12 tributor. Such information shall be made available to the

13 subscriber at reasonable times and at a convenient place

14 designated by such satellite carrier or distributor. A sat15 ellite subscriber shall be provided reasonable opportunity

16 to correct any error in such information.

17 ‘‘(e) RELIEF.—

18 ‘‘(1) IN GENERAL.—Any person aggrieved by

19 any act of a satellite carrier or distributor in viola20 tion of this section may bring a civil action in a dis21 trict court of the United States.

22 ‘‘(2) DAMAGES AND COSTS.—In any action

23 brought under paragraph (1), the court may award

24 a prevailing plaintiff actual damages but not less

25 than liquidated damages computed at the rate of
33

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1 $100 a day for each day of violation or $1,000,

2 whichever is greater.

3 ‘‘(f) DEFINITIONS.—In this section:

4 ‘‘(1) DISTRIBUTOR.—The term ‘distributor’ has

5 the meaning given that term in section 119(d)(1) of

6 title 17, United States Code.

7 ‘‘(2) OTHER SERVICE.—The term ‘other serv8 ice’ includes any wire, electronic, or radio commu9 nications service provided using any of the facilities

10 of a satellite carrier or distributor that are used in

11 the provision of satellite home viewing service.

12 ‘‘(3) PERSONALLY IDENTIFIABLE INFORMA13 TION.—The term ‘personally identifiable informa14 tion’ does not include any record of aggregate data

15 that does not identify particular persons.

16 ‘‘(4) SATELLITE CARRIER.—The term ‘satellite

17 carrier’ has the meaning given that term in section

18 119(d)(6) of title 17, United States Code.’’.

19 (b) NOTICE WITH RESPECT TO CERTAIN AGREE20 MENTS.—

21 (1) IN GENERAL.—Except as provided in para22 graph (2), a satellite carrier or distributor who has

23 entered into agreements referred to in section

24 631(a) of the Communications Act of 1934, as

25 amended by subsection (a), before the date of enact-
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1 ment of this Act, shall provide any notice required

2 under that section, as so amended, to subscribers

3 under such agreements not later than 180 days after

4 that date.

5 (2) EXCEPTION.—Paragraph (1) shall not

6 apply with respect to any agreement under which a

7 satellite carrier or distributor was providing notice

8 under section 631(a) of the Communications Act of

9 1934, as in effect on the day before the date of en10 actment of this Act, as of such date.

11 SEC. 303. ENCRYPTION REPORTING REQUIREMENTS.

12 Section 2519(2)(b) of title 18, United States Code,

13 is amended by striking ‘‘and (iv)’’ and inserting ‘‘(iv) the

14 number of orders in which encryption was encountered

15 and whether such encryption prevented law enforcement

16 from obtaining the plaintext of communications inter17 cepted pursuant to any such order, (v) the approximate

18 nature, amount, and cost of the manpower and other re19 sources used in obtaining the plaintext of intercepted com20 munications that were encrypted, and (vi)’’.

21 SEC. 304. FRAUD IN ONLINE COLLECTION AND DISSEMINA22 TION OF PERSONALLY IDENTIFIABLE INFOR23 MATION.

24 Section 1030 of title 18, United States Code, as

25 amended by section 102(b) of this Act, is further amended
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1 by inserting after subsection (i) the following new sub2 section (j):

3 ‘‘(j)(1) Except as otherwise provided in this sub4 section, an interactive computer service may not disclose

5 to a person other than the consumer concerned any per6 sonally identifiable information, unless—

7 ‘‘(A) the interactive computer service discloses

8 to the consumer, in a notice consistent with para9 graph (2), the types of persons to whom such infor10 mation may be disclosed; and

11 ‘‘(B) the consumer is given—

12 ‘‘(i) the opportunity, before the time that

13 such information is initially disclosed, to direct

14 that such information not be disclosed to such

15 person; and

16 ‘‘(ii) an explanation of how the consumer

17 can exercise that nondisclosure option available

18 under clause (i).

19 ‘‘(2) At the time of establishing a customer relation20 ship with a consumer and before collecting any personally

21 identifiable information from the consumer, an interactive

22 computer service shall provide to the consumer a disclo23 sure, which shall appear on the first webpage of the inter24 active computer service or be accessible by a hypertext link
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1 from such first webpage, of the policies and practices of

2 the interactive computer service with respect to—

3 ‘‘(A) the collection and use of personally identi4 fiable information from customers who visit or use

5 the website of the interactive computer service;

6 ‘‘(B) the disclosure of such personally identifi7 able information to persons other than such cus8 tomers; and

9 ‘‘(C) the protection of the confidentiality and

10 security of such personally identifiable information.

11 ‘‘(3) This subsection shall not prohibit the disclosure

12 of personally identifiable information regarding a con13 sumer if such disclosure is—

14 ‘‘(A) with the consent or at the direction of the

15 consumer (including the use of an electronic agent

16 to provide such consent or direction);

17 ‘‘(B) to protect the confidentiality or security of

18 the records of the interactive computer service per19 taining to the consumer;

20 ‘‘(C) to protect against or prevent actual or po21 tential fraud or unauthorized transactions;

22 ‘‘(D) to persons holding a legal or beneficial in23 terest relating to the consumer;

24 ‘‘(E) to persons acting in a fiduciary or rep25 resentative capacity on behalf of the consumer; or
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1 ‘‘(F) required—

2 ‘‘(i) to comply with Federal, State, or local

3 laws or regulations, or other applicable legal re4 quirements;

5 ‘‘(ii) to comply with a properly authorized

6 civil, criminal, or regulatory investigation or

7 subpoena by Federal, State, or local authorities;

8 or

9 ‘‘(iii) to respond to judicial process or gov10 ernment regulatory authorities for examination,

11 compliance, or other purposes as authorized by

12 law.

13 ‘‘(4) Nothing in this subsection may be construed to

14 prohibit an interactive computer service from using, dis15 closing, or permitting access to aggregate subscriber infor16 mation from which personally identifiable information has

17 been removed.

18 ‘‘(5) The Attorney General, any United States Attor19 ney, or any State Attorney General may maintain a civil

20 action against any person who violates this subsection for

21 appropriate civil or equitable relief.

22 ‘‘(6) In this subsection:

23 ‘‘(A) The term ‘consumer’ means an individual

24 who visits or transacts with an interactive computer

25 service for personal, family, or household purposes,
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1 and also means the legal representative of such an

2 individual.

3 ‘‘(B) The term ‘customer’, with respect to an

4 interactive computer service, means any consumer

5 (or authorized representative of a consumer) of a

6 commercial product or service provided by such

7 interactive computer service.

8 ‘‘(C) the term ‘customer information of an

9 interactive computer service’ means any personally

10 identifiable information maintained by or for an

11 interactive computer service which is provided by a

12 customer to an interactive computer service.

13 ‘‘(D) The term ‘time of establishing a customer

14 relationship’ means the time when the website of an

15 interactive computer service is visited by a con16 sumer.

17 ‘‘(E) The term ‘interactive computer service’

18 means any person who—

19 ‘‘(i) operates, or on whose behalf is oper20 ated, a website located on the Internet or an

21 online service; and

22 ‘‘(ii) collects or maintains personal infor23 mation from or about the users of or visitors to

24 such website or online service, or on whose be25 half such information is collected or main-
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1 tained, where such website or online service is

2 operated for commercial purposes, including

3 any person offering products or services for sale

4 through that websites or online service, involv5 ing commerce—

6 ‘‘(I) among the several States or with

7 1 or more foreign nations; and

8 ‘‘(II) in any territory of the United

9 States or in the District of Columbia, or

10 between any such territory and—

11 ‘‘(aa) another such territory;

12 ‘‘(bb) any State or foreign na13 tion; or

14 ‘‘(cc) between the District of Co15 lumbia and any State, territory, or

16 foreign nation.

17 ‘‘(F) The term ‘personally identifiable informa18 tion’ means any of the following information pro19 vided online by a consumer to an interactive com20 puter service:

21 ‘‘(i) A first and last name.

22 ‘‘(ii) A home or other physical address, in23 cluding a street name and name of a city or

24 town.

25 ‘‘(iii) An electronic mail address.
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1 ‘‘(iv) A telephone number.

2 ‘‘(v) A Social Security number.

3 ‘‘(vi) A credit card number or charge card,

4 and any related access code.

5 ‘‘(vii) A photograph.’’.

6 SEC. 305. NATIONAL MEDIA CAMPAIGN ON PUBLIC AWARE7 NESS REGARDING ONLINE SECURITY AND

8 PRIVACY.

9 (a) NATIONAL MEDIA CAMPAIGN AUTHORIZED.—

10 (1) CAMPAIGN AUTHORIZED.—The Attorney

11 General, after consultation with the Deputy Assist12 ant Attorney General for Computer Crime and Intel13 lectual Property, may carry out a national media

14 campaign for purposes of raising public awareness of

15 existing rights, laws, and regulations relating to

16 Internet security and the privacy of personally iden17 tifiable information over the Internet.

18 (2) OUTSIDE ASSISTANCE.—The Attorney Gen19 eral may—

20 (A) carry out the campaign in cooperation

21 with appropriate non-Federal persons and enti22 ties; and

23 (B) seek and utilize non-Federal funds and

24 in-kind donations in carrying out the campaign.
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1 (b) OBJECTIVES OF CAMPAIGN.—The objectives of

2 the campaign shall be—

3 (1) to heighten and increase public awareness

4 of the occurrence and extent of the collection and

5 dissemination of personally identifiable information,

6 and the security of such information, by commercial,

7 private, and public entities that maintain Internet

8 websites;

9 (2) to encourage Americans to learn of and be10 come familiar with actions that can be taken to pro11 tect their personally identifiable information from

12 being transferred without their consent or otherwise

13 misused by a third party;

14 (3) to inform Americans of their rights with re15 spect to their personally identifiable information;

16 and

17 (4) to inform Americans of Federal crimes re18 lating to computer fraud and abuse, and of the pun19 ishments for such crimes.

20 (c) ELEMENTS OF CAMPAIGN.—Subject to subsection

21 (d), the campaign shall be carried out through such means

22 as the Attorney General considers appropriate,

23 including—

24 (1) public service announcements;

25 (2) advertisements on television and radio;
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1 (3) banners on the World Wide Web that are

2 adoptable by commercial and community Internet

3 websites;

4 (4) newspapers and magazines, including adver5 tisements and submittals to editorial pages;

6 (5) out-of-home message sites, including bill7 boards, posters, and signs;

8 (6) information through a toll-free telephone

9 number (commonly referred to as an ‘‘800’’ num10 ber); and

11 (7) other appropriate media and outlets.

12 (d) LIMITATION ON USE OF FUNDS FOR CAM13 PAIGN.—

14 (1) IN GENERAL.—No funds available for the

15 campaign may be used as follows:

16 (A) To propose, influence, favor, or oppose

17 any change in any statute, rule, regulation,

18 treaty, or other provision of law.

19 (B) For any partisan political purpose.

20 (C) Except as provided in paragraph (2),

21 to feature any elected official, person seeking

22 elected office, cabinet-level official, or Federal

23 official employed pursuant to Schedule C under

24 section 213 of title 5, Code of Federal Regula25 tions.
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1 (D) In violation of section 1913 of title 18,

2 United States Code.

3 (2) EXCEPTION.—Funds available for the cam4 paign may be used as described in paragraph (1)(C)

5 if, not later than 15 days before the use of such

6 funds in that manner, a notice regarding the use of

7 such funds in that manner is submitted to the Com8 mittees on Appropriations and the Judiciary of the

9 Senate and House of Representatives.

10 (e) ASSESSMENT OF CAMPAIGN.—

11 (1) REQUIREMENT.—The Attorney General

12 shall enter into an agreement with a qualified cer13 tified public accountant for purposes of obtaining an

14 assessment of the campaign, including—

15 (A) an accounting of the amounts (includ16 ing Federal funds, other funds, and any in-kind

17 donations) received for purposes of conducting

18 the campaign; and

19 (B) an objective assessment of the effects

20 of the campaign, including the cost-effectiveness

21 of the campaign.

22 (2) REPORT.—The Attorney General shall sub23 mit to the Committees on Appropriations and the

24 Judiciary of the Senate and House of Representa25 tives a report on the assessment obtained under
44

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1 paragraph (1). The report shall be submitted not

2 later than 270 days after the termination of the

3 campaign under subsection (f).

4 (3) AVAILABILITY OF FUNDS.—Of the amount

5 available for the campaign under subsection (h), not

6 more than an amount equal to 5 percent of such

7 amount shall be available to cover the costs of the

8 assessment obtained under this subsection.

9 (f) TERMINATION OF CAMPAIGN.—Activities under

10 the campaign, other than the assessment under subsection

11 (e), shall terminate not later than three years after the

12 date of the enactment of this Act.

13 (g) PERSONALLY IDENTIFIABLE INFORMATION DE14 FINED.—In this section, the term ‘‘personally identifiable

15 information’’, has the meaning given that term in section

16 1030(j)(6)(F) of title 18, United States Code (as amended

17 by section 304(a) of this Act).

18 (h) AUTHORIZATION OF APPROPRIATION.—

19 (1) AUTHORIZATION.—There is hereby author20 ized to be appropriated for the Department of Jus21 tice for each of fiscal years 2001, 2002, and 2003,

22 $25,000,000 for purposes of the campaign under

23 this section.
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1 (2) AVAILABILITY.—Amounts appropriated pur2 suant to the authorization of appropriations in para3 graph (1) shall remain available until expended.

4 SEC. 306. FRAUDULENT ACCESS TO PERSONALLY IDENTIFI5 ABLE INFORMATION.

6 (a) IN GENERAL.—Section 1030 of title 18, United

7 States Code, as amended by this Act, is further amended

8 by inserting after subsection (j) the following new sub9 section (k):

10 ‘‘(k)(1) Except as provided in paragraphs (2) and

11 (3), whoever knowingly with intent to defraud obtains, or

12 causes to be disclosed to any person, personally identifi13 able information of an interactive computer service relat14 ing to another person without such person’s consent or

15 authorization—

16 ‘‘(A) by making a false, fictitious, or fraudulent

17 statement or representation to an officer, employee,

18 or agent of an interactive computer service;

19 ‘‘(B) by making a false, fictitious, or fraudulent

20 statement or representation to a customer of an

21 interactive computer service; or

22 ‘‘(C) by providing any document to an officer,

23 employee, or agent of an interactive computer serv24 ice, knowing that the document is forged, counter25 feit, or stolen, was fraudulently obtained, or contains
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1 a false, fictitious, or fraudulent statement or rep2 resentation,

3 shall be punished as provided in subsection (c).

4 ‘‘(2) No provision of this subsection shall be con5 strued to prevent any interactive computer service, or any

6 officer, employee, or agent of an interactive computer serv7 ice, from obtaining personally identifiably information of

8 such interactive computer service in the course of—

9 ‘‘(A) testing the security procedures or systems

10 of such interactive computer service for maintaining

11 the confidentiality of personally identifiable informa12 tion;

13 ‘‘(B) investigating allegations of misconduct or

14 negligence on the part of any officer, employee, or

15 agent of such interactive computer service; or

16 ‘‘(C) recovering customer information of such

17 interactive computer service which was obtained or

18 received by another person in any manner described

19 in paragraph (1).

20 ‘‘(3) No provision of this section shall be construed

21 to prevent any insurance institution, or any officer, em22 ployee, or agency of an insurance institution, from obtain23 ing information as part of an insurance investigation into

24 criminal activity, fraud, material misrepresentation, or

25 material nondisclosure that is authorized for such institu-
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1 tion under State law, regulation, interpretation, or

2 order.’’.

3 (b) ATTEMPTED OFFENSES.—Subsection (b) of that

4 section is amended by striking ‘‘subsection (a)’’ and in5 serting ‘‘subsection (a) or (k)’’.

6 TITLE IV—NATIONAL SECURITY

7 AND CRITICAL INFRASTRUC8 TURE PROTECTION

9 SEC. 401. DEPUTY ASSISTANT ATTORNEY GENERAL FOR

10 COMPUTER CRIME AND INTELLECTUAL

11 PROPERTY.

12 (a) ESTABLISHMENT OF POSITION.—(1) Chapter 31

13 of title 28, United States Code, is amended by inserting

14 after section 507 the following new section:

15 ‘‘§ 507a. Deputy Assistant Attorney General for Com16 puter Crime and Intellectual Property

17 ‘‘(a) The Attorney General shall appoint a Deputy

18 Assistant Attorney General for Computer Crime and Intel19 lectual Property.

20 ‘‘(b) The Deputy Assistant Attorney General shall be

21 the head of the Computer Crime and Intellectual Property

22 Section (CCIPS) of the Department of Justice.

23 ‘‘(c) The duties of the Deputy Assistant Attorney

24 General shall include the following:
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1 ‘‘(1) To advise Federal prosecutors and law en2 forcement personnel regarding computer crime and

3 intellectual property crime.

4 ‘‘(2) To coordinate national and international

5 activities relating to combatting computer crime.

6 ‘‘(3) To provide guidance and assistance to

7 Federal, State, and local law enforcement agencies

8 and personnel, and appropriate foreign entities, re9 garding responses to threats of computer crime and

10 cyber-terrorism.

11 ‘‘(4) To serve as the liaison of the Attorney

12 General to the National Infrastructure Protection

13 Center (NIPC), the Department of Defense, the Na14 tional Security Agency, and the Central Intelligence

15 Agency on matters relating to computer crime.

16 ‘‘(5) To coordinate training for Federal, State,

17 and local prosecutors and law enforcement personnel

18 on laws pertaining to computer crime.

19 ‘‘(6) To propose and comment upon legislation

20 concerning computer crime, intellectual property

21 crime, encryption, electronic privacy, and electronic

22 commerce, and concerning the search and seizure of

23 computers.

24 ‘‘(7) Any other duties carried out by the head

25 of the Computer Crime and Intellectual Property
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1 Section of the Department of Justice as of the date

2 of the enactment of the Internet Integrity and Crit3 ical Infrastructure Protection Act of 2000.

4 ‘‘(8) Such other duties as the Attorney General

5 considers appropriate.’’.

6 (2) The table of sections at the beginning of such

7 chapter is amended by inserting after the item relating

8 to section 507 the following new item:

‘‘507a. Deputy Assistant Attorney General for Computer Crime and Intellectual

Property.’’.

9 (b) FIRST APPOINTMENT TO POSITION OF DEPUTY

10 ASSISTANT ATTORNEY GENERAL.—(1) The individual

11 who holds the position of head of the Computer Crime and

12 Intellectual Property Section (CCIPS) of the Department

13 of Justice as of the date of the enactment of this Act shall

14 act as the Deputy Assistant Attorney General for Com15 puter Crime and Intellectual Property under section 507a

16 of title 28, United States Code, until the Attorney General

17 appoints an individual to hold the position of Deputy As18 sistant Attorney General for Computer Crime and Intellec19 tual Property under that section.

20 (2) The individual first appointed as Deputy Assist21 ant Attorney General for Computer Crime and Intellectual

22 Property after the date of the enactment of this Act may

23 be the individual who holds the position of head of the
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1 Computer Crime and Intellectual Property Section of the

2 Department of Justice as of that date.

3 (c) AUTHORIZATION OF APPROPRIATIONS FOR

4 CCIPS.—There is hereby authorized to be appropriated

5 for the Department of Justice for fiscal year 2001,

6 $5,000,000 for the Computer Crime and Intellectual

7 Property Section of the Department for purposes of the

8 discharge of the duties of the Deputy Assistant Attorney

9 General for Computer Crime and Intellectual Property

10 under section 507a of title 28, United States Code (as so

11 added), during that fiscal year.

12 SEC. 402. NATIONAL INFRASTRUCTURE PROTECTION CEN13 TER.

14 (a) IN GENERAL.—The Director of the National In15 frastructure Protection Center (NPIC) within the Federal

16 Bureau of Investigation shall use amounts authorized to

17 be appropriated under subsection (b) for the following pur18 poses:

19 (1) To gather and analyze information con20 cerning threats to, and the vulnerability of, the na21 tional critical infrastructure.

22 (2) To provide assessments, warnings, and

23 emergency response information to other govern24 mental entities, and other owners and operators of
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1 critical infrastructure, concerning threats to the na2 tional critical infrastructure.

3 (3) To provide assistance to law enforcement in

4 investigating and prosecuting attacks against the na5 tional critical infrastructure.

6 (4) To develop and disseminate, in collaboration

7 with the private sector, technology and security pro8 cedures for shielding the national critical infrastruc9 ture against attack.

10 (5) Such other purposes as the Director con11 siders appropriate.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

13 hereby authorized to be appropriated for the Federal Bu14 reau of Investigation for the purposes set forth in sub15 section (a) the following:

16 (1) For fiscal year 2001, $45,000,000.

17 (2) For each of fiscal years 2002 through 2005,

18 such sums as may be necessary for such fiscal years.

19 SEC. 403. PERSONNEL EXCHANGE PROGRAMS FOR CRIT20 ICAL INFRASTRUCTURE PROTECTION TRAIN21 ING.

22 Section 3371(4) of title 5, United States Code, is

23 amended—

24 (1) by striking ‘‘or’’ at the end of subparagraph

25 (C);
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1 (2) by striking the period at the end of sub2 paragraph (D) and inserting ‘‘; or’’; and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(E) a provider of wire or electronic com6 munication service, provider of data encryption

7 or related services, or other entity, for the pur8 pose of furthering the objectives of the Internet

9 Integrity and Critical Infrastructure Protection

10 Act of 2000.’’.

11 TITLE V—INTERNATIONAL COM12 PUTER CRIME ENFORCE13 MENT

14 SEC. 501. SHORT TITLE.

15 This title may be cited as the ‘‘International Com16 puter Crime Enforcement Assistance Act of 2000’’.

17 SEC. 502. DISCLOSURE OF COMPUTER CRIME EVIDENCE TO

18 FOREIGN LAW ENFORCEMENT AUTHORITIES

19 RELATING TO ENFORCEMENT OF FOREIGN

20 COMPUTER CRIME LAWS.

21 (a) IN GENERAL.—Subject to subsection (b) and sec22 tion 505, the Attorney General of the United States may

23 provide computer crime (other than trade secrets or pro24 priety information otherwise not disclosable by the Attor-
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1 ney General) to a foreign law enforcement authority to

2 assist the foreign law enforcement authority—

3 (1) in determining whether a person has vio4 lated or is about to violate a foreign computer crime

5 law administered or enforced by the foreign law en6 forcement authority; or

7 (2) in enforcing such a foreign computer crime

8 law.

9 (b) COMPUTER CRIME MUTUAL ASSISTANCE AGREE10 MENT REQUIRED.—The Attorney General may not pro11 vide evidence to a foreign law enforcement authority under

12 subsection (a) except pursuant to the provisions of a com13 puter crime mutual assistance agreement with respect to

14 the foreign law enforcement authority that is in effect

15 under this title.

16 SEC. 503. INVESTIGATIVE ASSISTANCE TO FOREIGN LAW

17 ENFORCEMENT AUTHORITIES TO OBTAIN

18 COMPUTER CRIME EVIDENCE RELATING TO

19 ENFORCEMENT OF FOREIGN COMPUTER

20 CRIME LAWS.

21 (a) IN GENERAL.—Subject to the provisions of this

22 section and section 505, the Attorney General of the

23 United States may exercise any authority set forth in sub24 section (b) to assist a foreign law enforcement authority—
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1 (1) in determining whether a person has vio2 lated or is about to violate a foreign computer crime

3 law administered or enforced by the foreign law en4 forcement authority; or

5 (2) in enforcing such a foreign computer crime

6 law.

7 (b) COVERED AUTHORITIES.—

8 (1) IN GENERAL.—The authorities referred to

9 in this subsection are the authorities of the Attorney

10 General as follows:

11 (A) To investigate possible violations of the

12 Federal computer crime laws.

13 (B) To provide evidence obtained as a re14 sult of an investigation under subparagraph (A)

15 to the foreign law enforcement authority con16 cerned.

17 (2) SCOPE OF AUTHORITY.—An investigation

18 may be conducted under subparagraph (A) of para19 graph (1), and evidence obtained through such in20 vestigation may be provided under subparagraph (B)

21 of that paragraph, without regard to whether the

22 conduct investigated violates any Federal computer

23 crime law.

24 (c) COMPUTER CRIME MUTUAL ASSISTANCE AGREE25 MENT REQUIRED.—The Attorney General may not exer-
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1 cise any authority set forth in subsection (b) on behalf

2 of a foreign law enforcement authority except pursuant to

3 the provisions of a computer crime mutual assistance

4 agreement with respect to the foreign law enforcement au5 thority that is in effect under this title.

6 (d) REQUESTS.—

7 (1) SUBMITTAL.—A foreign law enforcement

8 authority seeking the assistance of the Attorney

9 General under this section shall submit a request for

10 such assistance to the Attorney General.

11 (2) RESPONSE.—The Attorney General may ap12 prove or deny, in whole or in part, a request sub13 mitted under paragraph (1).

14 (3) PROHIBITION ON ACTION FOLLOWING DE15 NIAL.—The Attorney General may not take any ac16 tion under subsection (a) with respect to any part of

17 a request under this subsection that has been denied

18 by the Attorney General under paragraph (2).

19 (e) RIGHTS AND PRIVILEGES PRESERVED.—A per20 son may not be compelled in connection with an investiga21 tion under this section to give testimony or a statement,

22 or to produce a document or other thing, in violation of

23 any legally applicable right or privilege.
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1 SEC. 504. COURT ORDERS TO PROVIDE ASSISTANCE TO

2 FOREIGN LAW ENFORCEMENT AUTHORITIES

3 RELATING TO ENFORCEMENT OF FOREIGN

4 COMPUTER CRIME LAWS.

5 (a) AUTHORITY OF THE DISTRICT COURTS.—On ap6 plication of the Attorney General of the United States

7 made in accordance with a computer crime mutual assist8 ance agreement in effect under this title, the United

9 States district court for the district in which a person re10 sides, is found, or transacts business may order the person

11 to give testimony or a statement, or to produce a docu12 ment or other thing, to the Attorney General in order to

13 assist a foreign law enforcement authority covered by the

14 agreement—

15 (1) in determining whether a person has vio16 lated or is about to violate a foreign computer crime

17 law administered or enforced by the foreign law en18 forcement authority; or

19 (2) in enforcing such a foreign computer crime

20 law.

21 (b) LIMITATION ON APPLICATIONS.—The making of

22 applications by the Attorney General under subsection (a)

23 is subject to the provisions of section 505.

24 (c) CONTENTS OF ORDER.—

25 (1) USE OF APPOINTEE TO RECEIVE EVI26 DENCE.—
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1 (A) IN GENERAL.—An order issued under

2 subsection (a) may direct that testimony or a

3 statement be given, or a document or other

4 thing be produced, to a person who shall be rec5 ommended by the Attorney General and ap6 pointed by the court.

7 (B) POWERS.—A person appointed with

8 respect to an order under subparagraph (A)

9 shall have the power to administer any oath

10 necessary under the order and the power to

11 take testimony or statements.

12 (2) PRACTICE AND PROCEDURE.—

13 (A) IN GENERAL.—An order issued under

14 subsection (a) may prescribe the practice and

15 procedure for taking testimony and statements

16 and for producing documents and other things.

17 (B) SCOPE.—The practice and procedure

18 prescribed for an order under subparagraph (A)

19 may be in whole or in part the practice and

20 procedure of the foreign state, or the regional

21 economic integration organization, represented

22 by the foreign law enforcement authority with

23 respect to which the Attorney General requests

24 the order.
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1 (C) DEFAULT.—To the extent an order

2 does not prescribe otherwise, any testimony and

3 statements required to be taken shall be taken,

4 and any documents and other things required

5 to be produced, shall be produced, in accord6 ance with the Federal Rules of Civil Procedure.

7 (c) RIGHTS AND PRIVILEGES PRESERVED.—A person

8 may not be compelled under an order issued under sub9 section (a) to give testimony or a statement, or to produce

10 a document or other thing, in violation of any legally appli11 cable right or privilege.

12 (d) VOLUNTARY CONDUCT.—This section shall not be

13 construed to preclude a person in the United States from

14 voluntarily giving testimony or a statement, or producing

15 a document or other thing, in any manner acceptable to

16 the person for use in an investigation by a foreign law

17 enforcement authority.

18 SEC. 505. LIMITATIONS ON ACTIVITIES UNDER COMPUTER

19 CRIME MUTUAL ASSISTANCE AGREEMENTS.

20 (a) DETERMINATIONS REQUIRED.—The Attorney

21 General of the United States may not disclose evidence

22 under section 502, exercise any authority under section

23 503, or apply for an order under section 504 with respect

24 to a computer crime mutual assistance agreement unless
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1 the Attorney General determines in the particular instance

2 that—

3 (1) the foreign law enforcement authority

4 concerned—

5 (A) will satisfy the assurances, terms, and

6 conditions under the agreement that are speci7 fied in paragraphs (1), (2), and (5) of section

8 508(b); and

9 (B) is capable of complying with and will

10 comply with the confidentiality requirements

11 applicable under the agreement with respect to

12 any requested computer crime evidence;

13 (2) providing any requested computer crime evi14 dence will not violate a limitation in section 508(c);

15 and

16 (3) disclosing the evidence, exercising the au17 thority, or applying for the order, as the case may

18 be, is consistent with the public interest of the

19 United States, taking into consideration whether the

20 foreign state or regional economic integration orga21 nization represented concerned holds any proprietary

22 interest that could benefit or otherwise be affected

23 by the disclosure, the exercise of the authority, or

24 the granting of the order.
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1 (b) LIMITATION ON DISCLOSURE OF CERTAIN COM2 PUTER CRIME EVIDENCE.—The Attorney General may

3 not disclose in violation of a computer crime mutual assist4 ance agreement any computer crime evidence received

5 under the agreement, except that the agreement may not

6 prevent the disclosure of computer crime evidence to a de7 fendant in an action or proceeding brought by the Attor8 ney General for a violation of any Federal law if the disclo9 sure would otherwise be required by Federal law.

10 (c) REQUIRED DISCLOSURE OF NOTICE RE11 CEIVED.—If the Attorney General receives a notice de12 scribed in section 508(b)(8), the Attorney General shall

13 transmit the notice to the person that provided the evi14 dence with respect to which the notice is received.

15 SEC. 506. REIMBURSEMENT.

16 The Attorney General of the United States is author17 ized to receive from a foreign law enforcement authority,

18 or from the foreign state or regional economic integration

19 organization represented by such foreign law enforcement

20 authority, reimbursement of the costs incurred by the At21 torney General in disclosing evidence under section 502,

22 exercising any authority under section 503, or applying

23 for an order under section 504 with respect to a computer

24 crime mutual assistance agreement.
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1 SEC. 507. JUDICIAL REVIEW.

2 (a) DETERMINATIONS.—A determination made under

3 paragraph (1), (2), or (3) of section 505(a) shall not be

4 subject to judicial review.

5 (b) CITATIONS TO AND DESCRIPTIONS OF CON6 FIDENTIALITY LAWS.—Whether a computer crime mutual

7 assistance agreement satisfies the requirement set forth

8 in section 508(b)(3) shall not be subject to judicial review.

9 (c) RULES OF CONSTRUCTION.—

10 (1) ADMINISTRATIVE PROCEDURE ACT.—The

11 requirements in section 508(d), with respect to pub12 lication and request for public comment, shall not be

13 construed to create any availability of judicial review

14 under chapter 7 of title 5, United States Code.

15 (2) EXCLUDED ELEMENTS.—Nothing in this

16 section shall be construed to affect the availability of

17 judicial review under laws referred to in section

18 508(c).

19 SEC. 508. COMPUTER CRIME MUTUAL ASSISTANCE AGREE20 MENTS.

21 (a) IN GENERAL.—

22 (1) DESCRIPTION GENERALLY.—Subject to the

23 provisions of this section, a computer crime mutual

24 assistance agreement for purposes of this title shall

25 consist of a written agreement, or written memo26 randum of understanding, that is entered into by the
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1 United States and a foreign state or regional eco2 nomic integration organization with respect to the

3 foreign law enforcement authorities of the foreign

4 state or organization (and such other governmental

5 entities of the foreign state or organization as the

6 Attorney General determines may be necessary in

7 order to provide the assistance described in sub8 section (b)(1)) for purposes of carrying out activities

9 authorized by sections 502, 503, and 504, on a re10 ciprocal basis.

11 (2) OFFICIALS.—A computer crime mutual as12 sistance agreement shall be entered into jointly by

13 the Attorney General of the United States and a for14 eign law enforcement authority.

15 (b) ELEMENTS.—A computer crime mutual assist16 ance agreement shall contain the following elements:

17 (1) An assurance that any foreign law enforce18 ment authority covered by the agreement will pro19 vide to the Attorney General assistance that is com20 parable in scope to the assistance the Attorney Gen21 eral provides under the agreement.

22 (2) An assurance that any foreign law enforce23 ment authority covered by the agreement—

24 (A) is subject to laws and procedures that

25 are adequate to maintain securely the confiden-
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1 tiality of computer crime evidence that may be

2 received under section 502, 503, or 504; and

3 (B) will give protection to such evidence

4 that is not less than the protection that would

5 be provided such evidence under the laws of the

6 United States.

7 (3) Citations to and brief descriptions of the

8 laws of the United States, and the laws of the for9 eign state or regional economic integration organiza10 tion concerned, that protect the confidentiality of

11 computer crime evidence that may be provided under

12 the agreement, which citations and descriptions shall

13 set forth the enforcement mechanisms and penalties

14 applicable under such laws and, in the case of a re15 gional economic integration organization, the appli16 cability of such laws, enforcement mechanisms, and

17 penalties to the foreign states composing the organi18 zation.

19 (4) Citations to the Federal computer crime

20 laws and the foreign computer crime laws with re21 spect to which the agreement applies.

22 (5) Terms and conditions that specifically re23 quire using, disclosing, or permitting the use or dis24 closure of computer crime evidence received under

25 the agreement only—
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1 (A) for the purpose of administering or en2 forcing the foreign computer crime laws con3 cerned; or

4 (B) with respect to a specified disclosure

5 or use requested by a foreign law enforcement

6 authority and essential to a significant law en7 forcement objective, in accordance with the

8 prior written consent given by the Attorney

9 General after—

10 (i) determining that such computer

11 crime evidence is not otherwise readily

12 available with respect to such objective;

13 (ii) making the determinations de14 scribed in paragraphs (2) and (3) of sec15 tion 505(a), with respect to such disclosure

16 or use; and

17 (iii) making the determinations appli18 cable to a foreign law enforcement author19 ity under section 505(a)(1) (other than the

20 determination regarding the assurance de21 scribed in paragraph (1) of this sub22 section), with respect to each additional

23 governmental entity, if any, to be provided

24 such computer crime evidence in the course

25 of such disclosure or use, after having re-
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1 ceived adequate written assurances applica2 ble to each such governmental entity.

3 (6) An assurance that computer crime evidence

4 received under section 502, 503, or 504 from the At5 torney General, and all copies of such evidence, in

6 the possession or control of any foreign law enforce7 ment authority covered by the agreement will be re8 turned to the Attorney General at the conclusion of

9 the foreign investigation or proceeding with respect

10 to which such evidence was so received.

11 (7) Terms and conditions that specifically pro12 vide that the agreement will be terminated if—

13 (A) the confidentiality required under the

14 agreement is violated with respect to computer

15 crime evidence; and

16 (B) adequate action is not taken to mini17 mize any harm resulting from such violation

18 and to ensure that the confidentiality required

19 under the agreement is not violated again.

20 (8) Terms and conditions that specifically pro21 vide that if the confidentiality required under the

22 agreement is violated with respect to computer crime

23 evidence, notice of the violation will be given—

24 (A) by the foreign law enforcement author25 ity concerned promptly to the Attorney General
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1 with respect to computer crime evidence pro2 vided by the Attorney General; and

3 (B) by the Attorney General to the person

4 (if any) that provided such evidence to the At5 torney General.

6 (c) EXCLUSIONS.—A computer crime mutual assist7 ance agreement may not cover any of the following com8 puter crime evidence:

9 (1) Computer crime evidence in a matter occur10 ring before a grand jury and with respect to which

11 disclosure is prevented by Federal law, except that

12 for the purpose of applying Rule 6(e)(3)(C)(iv) of

13 the Federal Rules of Criminal Procedure with re14 spect to this paragraph—

15 (A) a foreign law enforcement authority

16 with respect to which a particularized need for

17 such computer crime evidence is shown shall be

18 considered to be an appropriate official of any

19 of the several States; and

20 (B) a foreign computer crime law adminis21 tered or enforced by the foreign law enforce22 ment authority shall be considered to be a State

23 criminal law.

24 (2) Computer crime evidence that is specifically

25 authorized under an Executive Order to be kept se-
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1 cret in the interest of national defense or foreign

2 policy and—

3 (A) that is classified pursuant to such

4 order or a successor order; or

5 (B) with respect to which a determination

6 of classification is pending under such order or

7 successor order.

8 (3) Computer crime evidence that is classified

9 under the Atomic Energy Act of 1954 (42 U.S.C.

10 2011 et seq.).

11 (d) PUBLICATION REQUIREMENTS.—

12 (1) PRIOR TO ENTRY.—Not later than 45 days

13 before a computer crime mutual assistance agree14 ment is entered into for purposes of this title, the

15 Attorney General shall publish in the Federal

16 Register—

17 (A) the proposed text of the agreement;

18 and

19 (B) a request for public comment with re20 spect to the text.

21 (2) PRIOR TO MODIFICATION.—Not later than

22 45 days before the entry into any agreement that

23 makes a modification of a computer crime mutual

24 assistance agreement for purposes of this title, the
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1 Attorney General shall publish in the Federal

2 Register—

3 (A) the proposed text of the modification;

4 and

5 (B) a request for public comment with re6 spect to the modification.

7 (3) OTHER SIGNIFICANT EVENTS.—Not later

8 than 45 days after a computer crime mutual assist9 ance agreement for purposes of this title is entered

10 into or terminated, or an agreement that makes a

11 modification of a computer crime mutual assistance

12 agreement is entered into, the Attorney General

13 shall publish in the Federal Register—

14 (A) the text of the agreement or modifica15 tion, or the terms of the termination, as the

16 case may be; and

17 (B) in the case of an agreement that

18 makes a modification to a computer crime mu19 tual assistance agreement, a notice

20 containing—

21 (i) citations to the locations of publi22 cation in the Federal Register of the text

23 of the computer crime mutual assistance

24 agreement that is so modified, and of any
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1 previous modification to such agreement;

2 and

3 (ii) a description of the manner in

4 which a copy of the computer crime mutual

5 assistance agreement, as so modified, may

6 be obtained from the Attorney General.

7 (4) CONDITION FOR VALIDITY.—A computer

8 crime mutual assistance agreement, or an agreement

9 that makes a modification to a computer crime mu10 tual assistance agreement, with respect to which

11 publication does not occur in accordance with para12 graph (1), (2), or (3), as applicable, shall not be

13 considered to be in effect for purposes of this title.

14 SEC. 509. PRESERVATION OF EXISTING AUTHORITY.

15 The authority provided by this title is in addition to

16 any other authority vested in the Attorney General of the

17 United States, or any other officer of the United States.

18 SEC. 510. REPORT TO CONGRESS.

19 Not later than 3 years after the date of the enact20 ment of this Act, the Attorney General of the United

21 States shall submit to the Committees on the Judiciary

22 of the Senate and House of Representatives a report—

23 (1) describing the effects of the operation of

24 this title on the enforcement of the Federal com25 puter crime laws;
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1 (2) describing the extent to which foreign law

2 enforcement authorities have complied with the con3 fidentiality requirements applicable under computer

4 crime mutual assistance agreements in effect for

5 purposes of this title;

6 (3) specifying separately the identities of the

7 foreign states and regional economic integration or8 ganizations that have entered into such agreements

9 and the identities of the foreign law enforcement au10 thorities with respect to which such foreign states

11 and organizations have entered into such agree12 ments;

13 (4) specifying the identity of each foreign state,

14 and each regional economic integration organization,

15 that has in effect a law similar to this title;

16 (5) setting forth the approximate number of re17 quests made by the Attorney General under such

18 agreements to foreign law enforcement authorities

19 for computer crime investigations and for computer

20 crime evidence;

21 (6) setting forth the approximate number of re22 quests made to the Attorney General by foreign law

23 enforcement authorities under such agreements for

24 disclosures of evidence under section 502, the exer-
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1 cise of any authority under section 503, or for appli2 cations for orders under section 504; and

3 (7) describing any significant problems or con4 cerns of which the Attorney General is aware with

5 respect to the operation of this title.

6 SEC. 511. DEFINITIONS.

7 In this title:

8 (1) COMPUTER CRIME EVIDENCE.—The term

9 ‘‘computer crime evidence’’ means information, testi10 mony, statements, documents, or other things that

11 are obtained in anticipation of, or during the course

12 of, an investigation or proceeding under any Federal

13 computer crime law or foreign computer crime law.

14 (2) FEDERAL COMPUTER CRIME LAW.—The

15 term ‘‘Federal computer crime law’’ means any law

16 designated by the Attorney General as a Federal

17 computer crime law under regulations prescribed by

18 the Attorney General for purposes of this title not

19 later than 90 days after the date of the enactment

20 of this Act and modified by the Attorney General

21 from time to time after notice to Congress of such

22 modification.

23 (3) FOREIGN COMPUTER CRIME LAW.—The

24 term ‘‘foreign computer crime law’’ means a law of

25 a foreign state, or of a regional economic integration
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1 organization, that is substantially similar to a Fed2 eral computer crime law and prohibits conduct simi3 lar to conduct prohibited by a Federal computer

4 crime law.

5 (4) FOREIGN LAW ENFORCEMENT AUTHOR6 ITY.—The term ‘‘foreign law enforcement authority’’

7 means a governmental entity of a foreign state or re8 gional economic integration organization that is vest9 ed by such state or organization with authority to

10 enforce the foreign computer crime laws of such

11 state or organization.

12 (5) REGIONAL ECONOMIC INTEGRATION ORGA13 NIZATION.—The term ‘‘regional economic integra14 tion organization’’ means an organization—

15 (A) that is constituted by, and composed

16 of, foreign states; and

17 (B) on which such foreign states have con18 ferred sovereign authority to make decisions

19 that are binding on such foreign states and di20 rectly applicable to and binding on persons

21 within such foreign states, including decisions

22 with respect to—

23 (i) administering or enforcing the for24 eign computer crime laws of such organiza25 tion; and
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1 (ii) prohibiting and regulating disclo2 sure of information that is obtained by

3 such organization in the course of admin4 istering or enforcing such laws.

5 TITLE VI—SEVERABILITY

6 SEC. 601. SEVERABILITY.

7 If any provision of this Act (including an amendment

8 made by this Act), or the application thereof, to any per9 son or circumstance, is held invalid, the remainder of this

10 Act (including the amendments made by this Act), and

11 the application thereof, to other persons or circumstances

12 shall not be affected thereby.

13 SECTION 1. SHORT TITLE.

14 This Act may be cited as the ‘‘Internet Integrity and

15 Critical Infrastructure Protection Act of 2000’’.

16 SEC. 2. DEPUTY ASSISTANT ATTORNEY GENERAL FOR COM17 PUTER CRIME AND INTELLECTUAL PROP18 ERTY.

19 (a) ESTABLISHMENT OF POSITION.—(1) Chapter 31 of

20 title 28, United States Code, is amended by inserting after

21 section 507 the following new section:
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1 ‘‘§ 507a. Deputy Assistant Attorney General for Com2 puter Crime and Intellectual Property

3 ‘‘(a) The Attorney General shall appoint a Deputy As4 sistant Attorney General for Computer Crime and Intellec5 tual Property.

6 ‘‘(b) The Deputy Assistant Attorney General shall be

7 the head of the Computer Crime and Intellectual Property

8 Section (CCIPS) of the Department of Justice.

9 ‘‘(c) The duties of the Deputy Assistant Attorney Gen10 eral shall include the following:

11 ‘‘(1) To advise Federal prosecutors and law en12 forcement personnel regarding computer crime and

13 intellectual property crime.

14 ‘‘(2) To coordinate national and international

15 law enforcement activities relating to combatting

16 computer crime.

17 ‘‘(3) To provide guidance and assistance to Fed18 eral, State, and local law enforcement agencies and

19 personnel, and appropriate foreign entities, regarding

20 responses to threats of computer crime and cyber-ter21 rorism.

22 ‘‘(4) To serve as the liaison of the Attorney Gen23 eral to the National Infrastructure Protection Center

24 (NIPC), the Department of Defense, the National Se25 curity Agency, and the Central Intelligence Agency on

26 matters relating to computer crime.
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1 ‘‘(5) To coordinate training for Federal, State,

2 and local prosecutors and law enforcement personnel

3 on laws pertaining to computer crime.

4 ‘‘(6) To propose and comment upon legislation

5 concerning computer crime, intellectual property

6 crime, encryption, electronic privacy, and electronic

7 commerce, and concerning the search and seizure of

8 computers.

9 ‘‘(7) Such other duties as the Attorney General

10 may require, including duties carried out by the head

11 of the Computer Crime and Intellectual Property Sec12 tion of the Department of Justice as of the date of the

13 enactment of the Internet Integrity and Critical In14 frastructure Protection Act of 2000.’’.

15 (2) The table of sections at the beginning of such chap16 ter is amended by inserting after the item relating to section

17 507 the following new item:

‘‘507a. Deputy Assistant Attorney General for Computer Crime and Intellectual

Property.’’.

18 (b) FIRST APPOINTMENT TO POSITION OF DEPUTY AS19 SISTANT ATTORNEY GENERAL.—(1) The individual who

20 holds the position of head of the Computer Crime and Intel21 lectual Property Section (CCIPS) of the Department of Jus22 tice as of the date of the enactment of this Act shall act

23 as the Deputy Assistant Attorney General for Computer

24 Crime and Intellectual Property under section 507a of title
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1 28, United States Code, until the Attorney General appoints

2 an individual to hold the position of Deputy Assistant At3 torney General for Computer Crime and Intellectual Prop4 erty under that section.

5 (2) The individual first appointed as Deputy Assistant

6 Attorney General for Computer Crime and Intellectual

7 Property after the date of the enactment of this Act may

8 be the individual who holds the position of head of the Com9 puter Crime and Intellectual Property Section of the De10 partment of Justice as of that date.

11 (c) AUTHORIZATION OF APPROPRIATIONS FOR

12 CCIPS.—There is hereby authorized to be appropriated for

13 the Department of Justice for fiscal year 2001, $5,000,000

14 for the Computer Crime and Intellectual Property Section

15 of the Department for purposes of the discharge of the duties

16 of the Deputy Assistant Attorney General for Computer

17 Crime and Intellectual Property under section 507a of title

18 28, United States Code (as so added), during that fiscal

19 year.

20 SEC. 3. DETERRENCE AND PREVENTION OF FRAUD, ABUSE,

21 AND CRIMINAL ACTS IN CONNECTION WITH

22 COMPUTERS.

23 (a) CLARIFICATION OF PROTECTION OF PROTECTED

24 COMPUTERS.—Subsection (a)(5) of section 1030 of title 18,

25 United States Code, is amended—
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1 (1) by inserting ‘‘(i)’’ after ‘‘(A)’’;

2 (2) by redesignated subparagraphs (B) and (C)

3 as clauses (ii) and (iii), respectively, of subparagraph

4 (A);

5 (3) by adding ‘‘and’’ at the end of clause (iii),

6 as so redesignated; and

7 (4) by adding at the end the following new sub8 paragraph:

9 ‘‘(B) the conduct described in clause (i), (ii), or

10 (iii) of subparagraph (A) caused (or, in the case of

11 an attempted offense, would, if completed, have

12 caused)—

13 ‘‘(i) loss to 1 or more persons during any

14 1-year period (including loss resulting from a re15 lated course of conduct affecting 1 or more other

16 protected computers) aggregating at least $5,000

17 in value;

18 ‘‘(ii) the modification or impairment, or

19 potential modification or impairment, of the

20 medical examination, diagnosis, treatment, or

21 care of 1 or more individuals;

22 ‘‘(iii) physical injury to any person;

23 ‘‘(iv) a threat to public health or safety; or

24 ‘‘(v) damage affecting a computer system

25 used by or for a government entity in further-
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1 ance of the administration of justice, national

2 defense, or national security;’’.

3 (b) PROTECTION FROM EXTORTION.—Subsection

4 (a)(7) of that section is amended by striking ‘‘, firm, asso5 ciation, educational institution, financial institution, gov6 ernmental entity, or other legal entity,’’.

7 (c) PENALTIES.—Subsection (c) of that section is

8 amended—

9 (1) in paragraph (2)—

10 (A) in subparagraph (A)—

11 (i) by inserting ‘‘except as provided in

12 subparagraph (B),’’ before ‘‘a fine’’;

13 (ii) by striking ‘‘(a)(5)(C)’’ and insert14 ing ‘‘(a)(5)(A)(iii)’’; and

15 (iii) by striking ‘‘and’’ at the end;

16 (B) in subparagraph (B), by inserting ‘‘or

17 an attempt to commit an offense punishable

18 under this subparagraph,’’ after ‘‘subsection

19 (a)(2),’’ in the matter preceding clause (i); and

20 (C) in subparagraph (C), by striking ‘‘and’’

21 at the end;

22 (2) in paragraph (3)—

23 (A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’

24 both places it appears; and

25 (B) by striking ‘‘and’’ at the end; and
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1 (3) by adding at the end the following new para2 graphs:

3 ‘‘(4)(A) a fine under this title, imprisonment for

4 not more than 10 years, or both, in the case of an of5 fense under subsection (a)(5)(A)(i), or an attempt to

6 commit an offense punishable under this subpara7 graph;

8 ‘‘(B) a fine under this title, imprisonment for

9 not more than 5 years, or both, in the case of an of10 fense under subsection (a)(5)(A)(ii), or an attempt to

11 commit an offense punishable under this subpara12 graph;

13 ‘‘(C) a fine under this title, imprisonment for

14 not more than 20 years, or both, in the case of an of15 fense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or

16 an attempt to commit an offense punishable under

17 this subparagraph, that occurs after a conviction for

18 another offense under this section; and

19 ‘‘(5) in the case of any felony offense under this

20 section, at the discretion of the court, termination of

21 and ineligibility for any financial assistance for edu22 cation at a post-secondary institution that is avail23 able under Federal law, which punishment shall be in

24 addition to any other punishment described in this

25 subsection.’’.
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1 (d) DEFINITIONS.—Subsection (e) of that section is

2 amended—

3 (1) in paragraph (2)(B), by inserting ‘‘, includ4 ing a computer located outside the United States’’ be5 fore the semicolon;

6 (2) in paragraph (7), by striking ‘‘and’’ at the

7 end;

8 (3) by striking paragraph (8) and inserting the

9 following new paragraph (8):

10 ‘‘(8) the term ‘damage’ means any impairment

11 to the integrity or availability of data, a program, a

12 system, or information;’’

13 (4) in paragraph (9), by striking the period at

14 the end and inserting a semicolon; and

15 (5) by adding at the end the following new para16 graphs:

17 ‘‘(10) the term ‘conviction’ shall include—

18 ‘‘(A) an adjudication of juvenile delin19 quency for a violation of this section; and

20 ‘‘(B) a conviction under the law of any

21 State for a crime punishable by imprisonment

22 for more than 1 year, an element of which is un23 authorized access, or exceeding authorized access,

24 to a computer;
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1 ‘‘(11) the term ‘loss’ means any reasonable cost

2 to any victim, including the cost of responding to an

3 offense, conducting a damage assessment, and restor4 ing the data, program, system, or information to its

5 condition prior to the offense, and any revenue lost,

6 cost incurred, or other consequential damages in7 curred because of interruption of service;

8 ‘‘(12) the term ‘person’ means any individual,

9 firm, corporation, educational institution, financial

10 institution, governmental entity, or legal or other en11 tity;’’.

12 (e) DAMAGES IN CIVIL ACTIONS.—Subsection (g) of

13 that section is amended—

14 (1) by striking the second sentence and inserting

15 the following new sentences: ‘‘A suit for a violation of

16 subsection (a)(5) may be brought only if the conduct

17 involves one of the factors enumerated in subsection

18 (a)(5)(B). Damages for a violation involving only

19 conduct described in subsection (a)(5)(B)(i) are lim20 ited to economic damages.’’; and

21 (2) by adding at the end the following new sen22 tence: ‘‘No action may be brought under this sub23 section for the negligent design or manufacture of

24 computer hardware, computer software, or

25 firmware.’’.
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1 SEC. 4. CRIMINAL AND CIVIL FORFEITURE FOR COMPUTER

2 FRAUD AND ABUSE.

3 (a) CRIMINAL FORFEITURE.—Section 1030 of title 18,

4 United States Code, as amended by section 102 of this Act,

5 is further amended—

6 (1) by redesignating subsection (h) as subsection

7 (l); and

8 (2) by inserting after subsection (g) the following

9 new subsection (h):

10 ‘‘(h)(1) The court, in imposing sentence on any person

11 convicted of a violation of this section, shall order, in addi12 tion to any other sentence imposed and irrespective of any

13 provision of State law, that such person forfeit to the United

14 States—

15 ‘‘(A) the interest of such person in any personal

16 property that was used or intended to be used to com17 mit or to facilitate the commission of such violation;

18 and

19 ‘‘(B) any property, whether real or personal,

20 constituting or derived from any proceeds that such

21 person obtained, whether directly or indirectly, as a

22 result of such violation.

23 ‘‘(2) The criminal forfeiture of property under this

24 subsection, any seizure and disposition thereof, and any ad25 ministrative or judicial proceeding relating thereto, shall

26 be governed by the provisions of section 413 of the Com-
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1 prehensive Drug Abuse Prevention and Control Act of 1970

2 (21 U.S.C. 853), except subsection (d) of that section.’’.

3 (b) CIVIL FORFEITURE.—That section, as amended by

4 subsection (a) of this section, is further amended by insert5 ing after subsection (h) the following new subsection (i):

6 ‘‘(i)(1) The following shall be subject to forfeiture to

7 the United States, and no property right shall exist in them:

8 ‘‘(A) Any personal property that is used or in9 tended to be used to commit or to facilitate the com10 mission of any violation of this section.

11 ‘‘(B) Any property, whether real or personal,

12 that constitutes or is derived from proceeds traceable

13 to any violation of this section.

14 ‘‘(2) The provisions of chapter 46 of this title relating

15 to civil forfeiture shall apply to any seizure or civil for16 feiture under this subsection.’’.

17 SEC. 5. ENHANCED COORDINATION OF FEDERAL AGENCIES.

18 Section 1030(d) of title 18, United States Code, is

19 amended—

20 (1) by striking ‘‘subsections (a)(2)(A), (a)(2)(B),

21 (a)(3), (a)(4), (a)(5), and (a)(6) of’’; and

22 (2) by striking ‘‘which shall be entered into by’’

23 and inserting ‘‘between’’.
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1 SEC. 6. JUVENILE INVOLVEMENT IN COMPUTER CRIMES.

2 Section 5032 of title 18, United States Code, is amend3 ed in clause (3) of the first undesignated paragraph—

4 (1) by striking ‘‘or section 1002(a)’’ and insert5 ing ‘‘section 1002(a)’’; and

6 (2) by inserting after ‘‘of this title,’’ the fol7 lowing: ‘‘or is a violation of section 1030(a)(1),

8 (a)(2)(B), (a)(3), or (a)(5)(A)(i) of this title,’’.

9 SEC. 7. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING

10 TO PRESERVING RECORDS IN RESPONSE TO

11 GOVERNMENT REQUESTS.

12 Section 2707(e)(1) of title 18, United States Code, is

13 amended by inserting after ‘‘or statutory authorization’’ the

14 following: ‘‘(including a request of a governmental entity

15 under section 2703(f) of this title)’’.

16 SEC. 8. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELEC17 TRONIC COMMUNICATIONS RELATING TO

18 COMPUTER FRAUD AND ABUSE.

19 Section 2516(1)(c) of title 18, United States Code, is

20 amended by striking ‘‘and section 1341 (relating to mail

21 fraud),’’ and inserting ‘‘section 1341 (relating to mail

22 fraud), a felony violation of section 1030 (relating to com23 puter fraud and abuse),’’.
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1 SEC. 9. FORFEITURE OF DEVICES USED IN COMPUTER

2 SOFTWARE COUNTERFEITING AND INTELLEC3 TUAL PROPERTY THEFT.

4 (a) IN GENERAL.—Section 2318(d) of title 18, United

5 States Code, is amended—

6 (1) by inserting ‘‘(1)’’ before ‘‘When’’;

7 (2) in paragraph (1), as so designated, by insert8 ing ‘‘, and of any replicator or other device or thing

9 used to copy or produce the computer program or

10 other item to which the counterfeit labels have been af11 fixed or which were intended to have had such labels

12 affixed’’ before the period; and

13 (3) by adding at the end the following:

14 ‘‘(2) The forfeiture of property under this section, in15 cluding any seizure and disposition of the property, and

16 any related judicial or administrative proceeding, shall be

17 governed by the provisions of section 413 (other than sub18 section (d) of that section) of the Comprehensive Drug Abuse

19 Prevention and Control Act of 1970 (21 U.S.C. 853).’’.

20 (b) CONFORMING AMENDMENT.—Section 492 of such

21 title is amended in the first undesignated paragraph by

22 striking ‘‘or 1720,’’ and inserting ‘‘, 1720, or 2318’’.

23 SEC. 10. SENTENCING DIRECTIVES FOR COMPUTER

24 CRIMES.

25 (a) AMENDMENT OF SENTENCING GUIDELINES RELAT26 ING TO CERTAIN COMPUTER CRIMES.—Pursuant to its au-
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1 thority under section 994(p) of title 28, United States Code,

2 the United States Sentencing Commission shall amend the

3 Federal sentencing guidelines and, if appropriate, shall

4 promulgate guidelines or policy statements or amend exist5 ing policy statements to address—

6 (1) the potential and actual loss resulting from

7 an offense under section 1030 of title 18, United

8 States Code (as amended by this Act);

9 (2) the level of sophistication and planning in10 volved in such an offense;

11 (3) the growing incidence of offenses under such

12 subsections and the need to provide an effective deter13 rent against such offenses;

14 (4) whether or not such an offense was com15 mitted for purposes of commercial advantage or pri16 vate financial benefit;

17 (5) whether or not the defendant involved a juve18 nile in the commission of such an offense;

19 (6) whether or not the defendant acted with ma20 licious intent to cause harm in committing such an

21 offense;

22 (7) the extent to which such an offense violated

23 the privacy rights of individuals harmed by the of24 fense; and
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1 (8) any other factor the Commission considers

2 appropriate in connection with any amendments

3 made by this Act with regard to such subsections.

4 (b) AMENDMENT OF SENTENCING GUIDELINES RELAT5 ING TO CERTAIN COMPUTER FRAUD AND ABUSE.—Pursu6 ant to its authority under section 994(p) of title 28, United

7 States Code, the United States Sentencing Commission

8 shall amend the Federal sentencing guidelines to ensure that

9 any individual convicted of a violation of section

10 1030(a)(5)(A)(ii) or 1030(a)(5)(A)(iii) of title 18, United

11 States Code (as amended by section 3 of this Act), can be

12 subjected to appropriate penalties, without regard to any

13 mandatory minimum term of imprisonment.

14 (c) AMENDMENT OF SENTENCING GUIDELINES RELAT15 ING TO USE OF ENCRYPTION.—Pursuant to its authority

16 under section 994(p) of title 28, United States Code, the

17 United States Sentencing Commission shall amend the Fed18 eral sentencing guidelines and, if appropriate, shall pro19 mulgate guidelines or policy statements or amend existing

20 policy statements to ensure that the guidelines provide suffi21 ciently stringent penalties to deter and punish persons who

22 intentionally use encryption in connection with the com23 mission or concealment of criminal acts sentenced under the

24 guidelines.
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1 (d) EMERGENCY AUTHORITY.—The Commission may

2 promulgate the guidelines or amendments provided for

3 under this section in accordance with the procedures set

4 forth in section 21(a) of the Sentencing Act of 1987, as

5 though the authority under that Act had not expired.

6 SEC. 11. ASSISTANCE TO FEDERAL, STATE, AND LOCAL

7 COMPUTER CRIME ENFORCEMENT AND ES8 TABLISHMENT OF NATIONAL CYBER CRIME

9 TECHNICAL SUPPORT CENTER.

10 (a) NATIONAL CYBER CRIME TECHNICAL SUPPORT

11 CENTER.—

12 (1) CONSTRUCTION REQUIRED.—The Director of

13 the Federal Bureau of Investigation shall provide for

14 the construction and equipping of the technical sup15 port center of the Federal Bureau of Investigation re16 ferred to in section 811(a)(1)(A) of the Antiterrorism

17 and Effective Death Penalty Act of 1996 (Public Law

18 104–132; 110 Stat. 1312; 28 U.S.C. 531 note).

19 (2) NAMING.—The technical support center con20 structed and equipped under paragraph (1) shall be

21 known as the ‘‘National Cyber Crime Technical Sup22 port Center’’.

23 (3) FUNCTIONS.—In addition to any other au24 thorized functions, the functions of the National Cyber

25 Crime Technical Support Center shall be—
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1 (A) to serve as a centralized technical re2 source for Federal, State, and local law enforce3 ment and to provide technical assistance in the

4 investigation of computer-related criminal ac5 tivities;

6 (B) to assist Federal, State, and local law

7 enforcement in enforcing Federal, State, and

8 local criminal laws relating to computer-related

9 crime;

10 (C) to provide training and education for

11 Federal, State, and local law enforcement per12 sonnel regarding investigative technologies and

13 forensic analyses pertaining to computer-related

14 crime;

15 (D) to conduct research and to develop tech16 nologies for assistance in investigations and fo17 rensic analyses of evidence related to computer18 related crimes;

19 (E) to facilitate and promote efficiencies in

20 the sharing of Federal law enforcement expertise,

21 investigative technologies, and forensic analysis

22 pertaining to computer-related crime with State

23 and local law enforcement personnel, prosecutors,

24 regional computer forensic laboratories, and
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1 multijurisdictional computer crime task forces;

2 and

3 (F) to carry out such other activities as the

4 Director considers appropriate.

5 (b) DEVELOPMENT AND SUPPORT OF COMPUTER FO6 RENSIC ACTIVITIES.—The Director shall take appropriate

7 actions to develop at least 10 regional computer forensic

8 laboratories, and to provide support, education, and assist9 ance for existing computer forensic laboratories, in order

10 that such computer forensic laboratories have the

11 capability—

12 (1) to provide forensic examinations with

13 respect to seized or intercepted computer evidence

14 relating to criminal activity;

15 (2) to provide training and education for

16 Federal, State, and local law enforcement per17 sonnel and prosecutors regarding investigations,

18 forensic analyses, and prosecutions of computer19 related crime;

20 (3) to assist Federal, State, and local law

21 enforcement in enforcing Federal, State, and

22 local criminal laws relating to computer-related

23 crime;

24 (4) to facilitate and promote the sharing of

25 Federal law enforcement expertise and informa-
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1 tion about the investigation, analysis, and pros2 ecution of computer-related crime with State and

3 local law enforcement personnel and prosecutors,

4 including the use of multijurisdictional task

5 forces; and

6 (5) to carry out such other activities as the

7 Director considers appropriate.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—

9 (1) AUTHORIZATION.—There is hereby author10 ized to be appropriated for fiscal year 2001,

11 $100,000,000 for purposes of carrying out this sec12 tion, of which $20,000,000 shall be available solely for

13 activities under subsection (b).

14 (2) AVAILABILITY.—Amounts appropriated pur15 suant to the authorization of appropriations in para16 graph (1) shall remain available until expended.
Calendar No. 941

106TH CONGRESS

2D SESSION S. 2448

A BILL

To enhance the protections of the Internet and the

critical infrastructure of the United States, andfor other purposes.

OCTOBER 5 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment