II

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 and Mr. SCHUMER) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

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’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—CYBER-HACKING
2

•S 2448 IS

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.

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.
3

•S 2448 IS

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;

18 (2) in paragraph (3)—

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

20 both places it appears; and

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

•S 2448 IS

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

2 paragraphs:

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

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

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

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

7 not occur after a conviction for another offense

8 under this section, or an attempt to commit an of9 fense punishable under this subparagraph;

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

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

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

13 an attempt to commit an offense punishable under

14 this subparagraph, if—

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

16 use, a person less than 18 years of age to com17 mit the offense; or

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

19 an attempted offense, would, if completed, have

20 caused)—

21 ‘‘(I) loss to one or more persons dur22 ing any one-year period (including loss re23 sulting from a related course of conduct

24 affecting one or more other protected com-
5

•S 2448 IS

1 puters) aggregating at least $5,000 in

2 value;

3 ‘‘(II) the modification or impairment,

4 or potential modification or impairment, of

5 the medical examination, diagnosis, treat6 ment, or care of one or more individuals;

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

8 ‘‘(IV) a threat to public health or

9 safety; or

10 ‘‘(V) damage affecting a computer

11 system used by or for a government entity

12 in furtherance of the administration of jus13 tice, national defense, or national security;

14 ‘‘(C) 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, that—

19 ‘‘(i) would otherwise be punishable under

20 subparagraph (A); and

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

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

23 for which the defendant was punished under

24 subparagraph (A); and
6

•S 2448 IS

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

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

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

4 an attempt to commit an offense punishable under

5 this subparagraph, that—

6 ‘‘(i) would otherwise be punishable under

7 subparagraph (B); and

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

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

10 for which the defendant was punished under

11 subparagraph (B); and

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

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

14 and ineligibility for any financial assistance for post15 secondary education that is available under Federal

16 law, which punishment shall be in addition to any

17 other punishment described in this subsection.’’.

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

19 amended—

20 (1) in paragraph (2)(B), by inserting ‘‘, includ21 ing a computer located outside the United States’’

22 before the semicolon;

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

24 end;
7

•S 2448 IS

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

2 following new paragraph (8):

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

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

5 system, or information;’’;

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

7 the end and inserting a semicolon; and

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

9 paragraphs:

10 ‘‘(10) the term ‘conviction’ shall include an ad11 judication of juvenile delinquency for a violation of

12 this section;

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

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

15 offense, conducting a damage assessment, and re16 storing the data, program, system, or information to

17 its condition prior to the offense, and any revenue

18 lost, cost incurred, or other consequential damages

19 incurred because of interruption of service;

20 ‘‘(12) the term ‘person’ means any person,

21 firm, educational institution, financial institution,

22 government entity, or other entity;’’.

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

24 that section is amended in the second sentence by striking

25 ‘‘involving damage’’ and all that follows through the end
8

•S 2448 IS

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

2 unless such action includes one of the elements set forth

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

4 (d) CERTIFICATION.—That section is further

5 amended—

6 (1) by redesignating subsection (h) as sub7 section (i); and

8 (2) by inserting after subsection (g) the fol9 lowing new subsection (h):

10 ‘‘(h)(1) An offense, or an attempt to commit an of11 fense, under subsection (a)(5)(A), (a)(5)(B), or (a)(5)(C)

12 shall not be proceeded against under this section unless—

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

14 (c)(4)(B); or

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

16 appropriate district court of the United States that

17 there is a substantial Federal interest in the offense

18 that warrants the exercise of Federal jurisdiction

19 over the offense.

20 ‘‘(2) A certification under paragraph (1)(B) shall not

21 be reviewable by any court.

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

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

24 undertaken under paragraph (1)(B) during the year pre25 ceding the year in which such report is submitted.’’.
9

•S 2448 IS

1 SEC. 102. CRIMINAL AND CIVIL FORFEITURE FOR COM2 PUTER FRAUD AND ABUSE.

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

4 18, United States Code, as amended by section 101 of this

5 Act, is further amended—

6 (1) by redesignating subsection (h) as sub7 section (l); and

8 (2) by inserting after subsection (g) the fol9 lowing new subsection (h):

10 ‘‘(h)(1) The court, in imposing sentence on any per11 son convicted of a violation of this section, shall order,

12 in addition to any other sentence imposed and irrespective

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

14 the United States—

15 ‘‘(A) the interest of such person in any prop16 erty, whether real or personal, that was used or in17 tended to be used to commit or to facilitate the com18 mission of such violation; 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

25 administrative or judicial proceeding relating thereto, shall

26 be governed by the provisions of section 413 of the Com-
10

•S 2448 IS

1 prehensive Drug Abuse Prevention and Control Act of

2 1970 (21 U.S.C. 853), except subsection (d) of that sec3 tion.’’.

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

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

6 inserting after subsection (h) the following new subsection

7 (i):

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

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

10 them:

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

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

13 facilitate the commission of any violation of this sec14 tion.

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

16 that constitutes or is derived from proceeds trace17 able to any violation of this section.

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

19 to civil forfeiture shall apply to any seizure or civil for20 feiture under this subsection.’’.

21 SEC. 103. ENHANCED COORDINATION OF FEDERAL AGEN22 CIES.

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

24 amended—
11

•S 2448 IS

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

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

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

4 and inserting ‘‘between’’.

5 SEC. 104. DETERRING JUVENILE INVOLVEMENT IN COM6 PUTER CRIMES.

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

8 amended in clause (3) of the first undesignated

9 paragraph—

10 (1) by striking ‘‘or section 1002(a)’’ and insert11 ing ‘‘section 1002(a)’’; and

12 (2) by inserting after ‘‘of this title,’’ the fol13 lowing: ‘‘section 1030(a)(1), (a)(2)(B), (a)(3),

14 (a)(5)(A)(i), or (a)(5)(A)(ii) of this title,’’.

15 SEC. 105. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELAT16 ING TO PRESERVING RECORDS IN RESPONSE

17 TO GOVERNMENT REQUEST.

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

19 amended—

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

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

22 (2) by inserting after paragraph (1) the fol23 lowing new paragraph (2):

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

25 section 2703(f) of this title;’’.
12

•S 2448 IS

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

2 ELECTRONIC COMMUNICATIONS RELATING

3 TO COMPUTER FRAUD AND ABUSE.

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

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

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

7 fraud), a felony violation of section 1030 (relating to com8 puter fraud and abuse),’’.

9 SEC. 107. FORFEITURE OF DEVICES USED IN COMPUTER

10 SOFTWARE COUNTERFEITING AND INTEL11 LECTUAL PROPERTY THEFT.

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

13 United States Code, is amended—

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

15 (2) in paragraph (1), as so designated, by in16 serting ‘‘, and of any replicator or other device or

17 thing used to copy or produce the computer program

18 or other item to which the counterfeit labels have

19 been affixed or which were intended to have had

20 such labels affixed’’ before the period; and

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

22 ‘‘(2) The forfeiture of property under this section, in23 cluding any seizure and disposition of the property, and

24 any related judicial or administrative proceeding, shall be

25 governed by the provisions of section 413 (other than sub26 section (d) of that section) of the Comprehensive Drug
13

•S 2448 IS

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

2 853).’’.

3 (b) CONFORMING AMENDMENT.—Section 492 of

4 such title is amended in the first undesignated paragraph

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

6 SEC. 108. SENTENCING DIRECTIVES FOR COMPUTER

7 CRIMES.

8 (a) AMENDMENT OF SENTENCING GUIDELINES RE9 LATING TO CERTAIN COMPUTER CRIMES.—Pursuant to

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

11 States Code, the United States Sentencing Commission

12 shall amend the Federal sentencing guidelines and, if ap13 propriate, shall promulgate guidelines or policy statements

14 or amend existing policy statements to address—

15 (1) the potential and actual loss resulting from

16 an offense under section 1030 of title 18, United

17 States Code (as amended by section 101 of this

18 Act);

19 (2) the level of sophistication and planning in20 volved in such an offense;

21 (3) the growing incidence of offenses under

22 such subsections and the need to provide an effective

23 deterrent against such offenses;
14

•S 2448 IS

1 (4) whether or not such an offense was com2 mitted for purposes of commercial advantage or pri3 vate financial benefit;

4 (5) whether or not the defendant involved a ju5 venile in the commission of such an offense;

6 (6) whether or not the defendant acted with

7 malicious intent to cause harm in committing such

8 an offense;

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

10 the privacy rights of individuals harmed by the of11 fense; and

12 (8) any other factor the Commission considers

13 appropriate in connection with any amendments

14 made by this Act with regard to such subsections.

15 (b) AMENDMENT OF SENTENCING GUIDELINES RE16 LATING TO CERTAIN COMPUTER FRAUD AND ABUSE.—

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

18 United States Code, the United States Sentencing Com19 mission shall amend the Federal sentencing guidelines to

20 ensure that any individual convicted of a violation of sec21 tion 1030(a)(5)(A)(iii), of title 18, United States Code (as

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

23 without regard to any mandatory minimum term of im24 prisonment.
15

•S 2448 IS

1 (c) AMENDMENT OF SENTENCING GUIDELINES RE2 LATING TO USE OF ENCRYPTION.—Pursuant to its au3 thority under section 994(p) of title 28, United States

4 Code, the United States Sentencing Commission shall

5 amend the Federal sentencing guidelines and, if appro6 priate, shall promulgate guidelines or policy statements or

7 amend existing policy statements to ensure that the guide8 lines provide sufficiently stringent penalties to deter and

9 punish persons who intentionally use encryption in connec10 tion with the commission or concealment of criminal acts

11 sentenced under the guidelines.

12 (d) EMERGENCY AUTHORITY.—The Commission may

13 promulgate the guidelines or amendments provided for

14 under this section in accordance with the procedures set

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

16 though the authority under that Act had not expired.

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

18 COMPUTER CRIME ENFORCEMENT AND ES19 TABLISHMENT OF NATIONAL CYBER-CRIME

20 TECHNICAL SUPPORT CENTER.

21 (a) NATIONAL CYBER-CRIME TECHNICAL SUPPORT

22 CENTER.—

23 (1) CONSTRUCTION REQUIRED.—The Director

24 of the Federal Bureau of Investigation shall provide

25 for the construction and equipping of the technical
16

•S 2448 IS

1 support center of the Federal Bureau of Investiga2 tion referred to in section 811(a)(1)(A) of the

3 Antiterrorism and Effective Death Penalty Act of

4 1996 (Public Law 104–132; 110 Stat. 1312; 28

5 U.S.C. 531 note).

6 (2) NAMING.—The technical support center

7 constructed and equipped under paragraph (1) shall

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

9 Support Center’’.

10 (3) FUNCTIONS.—In addition to any other au11 thorized functions, the functions of the National

12 Cyber-Crime Technical Support Center shall be—

13 (A) to serve as a centralized technical re14 source for Federal, State, and local law enforce15 ment and to provide technical assistance in the

16 investigations of computer-related criminal ac17 tivities;

18 (B) 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 (C) to provide training and education for

23 Federal, State, and local law enforcement per24 sonnel regarding investigative techniques and
17

•S 2448 IS

1 forensic analyses pertaining to computer-related

2 crime;

3 (D) to conduct research and to develop

4 technologies for assistance in investigations and

5 forensic analyses of evidence related to com6 puter-related crimes;

7 (E) to facilitate and promote efficiencies in

8 the sharing of Federal law enforcement exper9 tise and investigative technologies and forensic

10 analysis pertaining to computer-related crimes

11 with State and local law enforcement personnel,

12 prosecutors, regional computer forensic labora13 tories and multijurisdictional computer crime

14 task forces; and

15 (F) to carry out such other activities as

16 the Director considers appropriate.

17 (b) DEVELOPMENT AND SUPPORT OF COMPUTER FO18 RENSIC ACTIVITIES.—The Director shall take appropriate

19 actions to develop at least 10 regional computer forensic

20 laboratories, and to provide support, education, and assist21 ance for existing computer forensic laboratories, in order

22 that such computer forensic laboratories have the

23 capability—
18

•S 2448 IS

1 (1) to provide forensic examinations with

2 respect to seized or intercepted computer evi3 dence relating to criminal activity;

4 (2) to provide training and education for

5 Federal, State, and local law enforcement per6 sonnel and prosecutors regarding investigations,

7 forensic analyses, and prosecutions of com8 puter-related crime;

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

10 enforcement in enforcing Federal, State, and

11 local criminal laws relating to computer-related

12 crime;

13 (4) to facilitate and promote the sharing of

14 Federal law enforcement expertise and informa15 tion about the investigation, analysis, and pros16 ecution of computer-related crime with State

17 and local law enforcement personnel and pros18 ecutors, including the use of multijurisdictional

19 task forces; and

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

21 Director considers appropriate.

22 (c) GRANTS TO STATE AND LOCAL LAW ENFORCE23 MENT.—

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

25 appropriations Acts, the Assistant Attorney General
19

•S 2448 IS

1 for the Office of Justice Programs of the Depart2 ment of Justice shall make a grant to each State,

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

4 units of local government, State and local courts,

5 other States, or combinations thereof, to establish

6 and develop programs to—

7 (A) assist State and local law enforcement

8 agencies in enforcing State and local criminal

9 laws relating to computer crime;

10 (B) assist State and local law enforcement

11 agencies in educating the public to prevent and

12 identify computer crime;

13 (C) educate and train State and local law

14 enforcement officers and prosecutors to conduct

15 investigations and forensic analyses of evidence

16 and prosecutions of computer crime;

17 (D) assist State and local law enforcement

18 officers and prosecutors in acquiring computer

19 and other equipment to conduct investigations

20 and forensic analysis of evidence of computer

21 crimes; and

22 (E) facilitate and promote efficiencies in

23 the sharing of Federal law enforcement exper24 tise and information about the investigation,

25 analysis, and prosecution of computer crimes
20

•S 2448 IS

1 with State and local law enforcement officers

2 and prosecutors, including the use of multijuris3 dictional task forces.

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

5 grant under this subsection, a State shall provide as6 surances to the Attorney General that the State—

7 (A) has in effect laws that penalize com8 puter crime, such as penal laws prohibiting—

9 (i) fraudulent schemes executed by

10 means of a computer system or network;

11 (ii) the unlawful damaging, destroy12 ing, altering, deleting, removing of com13 puter software, or data contained in a

14 computer, computer system, computer pro15 gram, or computer network; or

16 (iii) the unlawful interference with the

17 operation of or denial of access to a com18 puter, computer program, computer sys19 tem, or computer network;

20 (B) an assessment of the State and local

21 resource needs, including criminal justice re22 sources being devoted to the investigation and

23 enforcement of computer crime laws; and

24 (C) a plan for coordinating the programs

25 funded under this subsection with other Feder-
21

•S 2448 IS

1 ally funded technical assistant and training pro2 grams, including directly funded local programs

3 such as the Local Law Enforcement Block

4 Grant program (described under the heading

5 ‘‘Violent Crime Reduction Programs, State and

6 Local Law Enforcement Assistance’’ of the De7 partments of Commerce, Justice, and State, the

8 Judiciary, and Related Agencies Appropriations

9 Act, 1998 (Public Law 105–119)).

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

11 grant received under this subsection may not exceed

12 90 percent of the total cost of a program or proposal

13 funded under this subsection unless the Attorney

14 General waives, wholly or in part, the requirements

15 of this paragraph.

16 (4) GRANTS TO INDIAN TRIBES.—Notwith17 standing any other provision of this subsection, the

18 Attorney General may use amounts made available

19 under this subsection to make grants to Indian

20 tribes for use in accordance with this subsection.

21 (5) FUNDING.—

22 (A) IN GENERAL.—Of the amount author23 ized to be appropriated by subsection (d),

24 $25,000,000 shall be available for grants under

25 this subsection.
22

•S 2448 IS

1 (B) LIMITATIONS.—Of the amount made

2 available under subparagraph (A) to carry out

3 this subsection not more than 3 percent may be

4 used by the Attorney General for salaries and

5 administrative expenses.

6 (C) MINIMUM AMOUNT.—Unless all eligible

7 applications submitted by any State or units of

8 local government within a State for a grant

9 under this subsection have been funded, the

10 State, together with grantees within the State

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

12 less than 0.75 percent of the total amount

13 made available under subparagraph (A) for

14 grants pursuant to this subsection, except that

15 the United States Virgin Islands, American

16 Samoa, Guam, and the Northern Mariana Is17 lands each shall be allocated 0.25 percent.

18 (d) AUTHORIZATION OF APPROPRIATIONS.—

19 (1) AUTHORIZATION.—There is hereby author20 ized to be appropriated for fiscal year 2001,

21 $125,000,000 for purposes of carrying out this sec22 tion, of which $20,000,000 shall be available solely

23 for activities under subsection (b) and of which

24 $25,000,000 shall be available solely for activities

25 under subsection (c).
23

•S 2448 IS

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

4 TITLE II—ANTI-FRAUD

5 PROTECTIONS

6 SEC. 201. PROTECTION FROM FRAUDULENT UNSOLICITED

7 ELECTRONIC MAIL.

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

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

10 of this Act, is further amended by inserting after para11 graph (7) the following new paragraph (8):

12 ‘‘(8) intentionally and without consent or au13 thorization of the recipient initiates the transmission

14 of an unsolicited commercial electronic mail adver15 tisement to one or more protected computers with

16 knowledge that such advertisement falsifies an Inter17 net domain, header information, date or time stamp,

18 originating electronic mail address, or other identi19 fier;’’.

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

21 as so amended, is further amended—

22 (1) in subparagraph (A)—

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

24 an offense’’; and
24

•S 2448 IS

1 (B) by inserting after ‘‘an offense punish2 able under this subparagraph;’’ the following:

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

4 damage to a protected computer’’; and

5 (2) by adding at the end the following new sub6 paragraph:

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

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

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

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

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

12 so amended, is further amended by adding after para13 graph (12) the following new paragraphs:

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

15 the case of an unsolicited commercial electronic mail

16 advertisement, means to originate the commercial

17 electronic mail advertisement, and excludes the ac18 tions of any interactive computer service whose fa19 cilities or services are used by another person to

20 transmit, relay, or otherwise handle such advertise21 ment;

22 ‘‘(14) the term ‘Internet domain’ means a spe23 cific computer system (commonly referred to as a

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

25 or able to be referenced from the Internet which are
25

•S 2448 IS

1 assigned a specific reference point on the Internet

2 (commonly referred to as an ‘Internet domain

3 name’) and registered with an organization recog4 nized by the Internet industry as a registrant of

5 Internet domains;

6 ‘‘(15) the term ‘unsolicited commercial elec7 tronic mail advertisement’ means any electronic mail

8 message or advertisement that is part of a plan, pro9 gram, or campaign conducted to induce purchases of

10 goods or services, but does not include electronic

11 mail initiated by any person to others with whom

12 such person has a prior relationship, including a

13 prior business relationship, or electronic mail sent by

14 a source to recipients where such recipients, or their

15 designees, have at any time affirmatively requested

16 to receive communications from that source; and

17 ‘‘(16) the term ‘Internet’ has the meaning given

18 that term in section 230(f)(1) of the Communica19 tions Act of 1934 (47 U.S.C. 230(f)(1)).’’.

20 TITLE III—PRIVACY AND CON21 FIDENTIALITY PROTECTIONS

22 SEC. 301. PRIVACY PROTECTION CONCERNING PEN REG23 ISTERS AND TRAP AND TRACE DEVICES.

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

25 such title is amended to read as follows:
26

•S 2448 IS

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

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

3 exercise of the authority under this chapter with respect

4 to pen registers and trap and trace devices.

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

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

7 such report, the following:

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

9 and for trap and trace devices applied for by law en10 forcement agencies, and the number and duration of

11 any extensions of such orders.

12 ‘‘(2) The identity and location of the investiga13 tive or law enforcement agency making each applica14 tion.

15 ‘‘(3) The offense specified in each order or ap16 plication, or extension of order.

17 ‘‘(4) The number and nature of the facilities af18 fected.’’.

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

20 such title is amended—

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

22 (1);

23 (2) by striking the period at the end of para24 graph (2) and inserting ‘‘; and’’; and
27

•S 2448 IS

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

2 paragraph:

3 ‘‘(3) a description of the facts on which the cer4 tification described in paragraph (2) is based.’’.

5 SEC. 302. PRIVACY PROTECTION FOR SUBSCRIBERS OF

6 SATELLITE TELEVISION SERVICES.

7 (a) IN GENERAL.—Section 631 of the Communica8 tions Act of 1934 (47 U.S.C. 551) is amended by adding

9 at the end the following:

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

11 SUBSCRIBERS OF SATELLITE TELEVISION

12 SERVICE.

13 ‘‘(a) NOTICE TO SUBSCRIBERS REGARDING PERSON14 ALLY IDENTIFIABLE INFORMATION.—At the time of en15 tering into an agreement to provide any satellite home

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

17 annually thereafter, a satellite carrier or distributor shall

18 provide notice in the form of a separate, written or elec19 tronic statement to the subscriber that clearly and con20 spicuously informs the subscriber of—

21 ‘‘(1) the nature of personally identifiable infor22 mation collected or to be collected with respect to

23 the subscriber as a result of the provision of such

24 service and the nature of the use of such informa25 tion;
28

•S 2448 IS

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

2 disclosure that may be made of such information, in3 cluding an identification of the types of persons to

4 whom the disclosure may be made;

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

6 will be maintained by the satellite carrier or dis7 tributor;

8 ‘‘(4) the times and place at which the sub9 scriber may have access to such information in ac10 cordance with subsection (d); and

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

12 with respect to the collection and disclosure of infor13 mation by the satellite carrier or distributor and the

14 right of the subscriber under this section to enforce

15 such limitations.

16 ‘‘(b) COLLECTION OF PERSONALLY IDENTIFIABLE

17 INFORMATION.—

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), a satellite carrier or distributor shall not

20 use its satellite system to collect personally identifi21 able information concerning any subscriber without

22 the prior written or electronic consent of such sub23 scriber.
29

•S 2448 IS

1 ‘‘(2) EXCEPTION.—A satellite carrier or dis2 tributor may use its satellite system to collect infor3 mation described in paragraph (1) in order—

4 ‘‘(A) to obtain information necessary to

5 render a satellite service provided by the sat6 ellite carrier or distributor to the subscriber; or

7 ‘‘(B) to detect unauthorized reception of

8 satellite communications.

9 ‘‘(c) DISCLOSURE OF PERSONALLY IDENTIFIABLE

10 INFORMATION.—

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), a satellite carrier or distributor—

13 ‘‘(A) may not disclose personally identifi14 able information concerning any subscriber

15 without the prior written or electronic consent

16 of such subscriber; and

17 ‘‘(B) shall take such actions as are nec18 essary to prevent unauthorized access to such

19 information by a person other than such sub20 scriber or the satellite carrier or distributor.

21 ‘‘(2) EXCEPTIONS.—A satellite carrier or dis22 tributor may disclose information described in para23 graph (1) only if the disclosure is—

24 ‘‘(A) necessary to render, or conduct a le25 gitimate business activity related to, a cable or
30

•S 2448 IS

1 satellite service or other service provided by the

2 satellite carrier or distributor to the subscriber;

3 ‘‘(B) to a law enforcement agency pursu4 ant to a warrant issued under the Federal

5 Rules of Criminal Procedures, or equivalent

6 State warrant, a Federal or State grand jury

7 subpoena or equivalent process authorized by a

8 Federal or State statute, or a court order

9 issued in accordance with paragraph (3); and

10 ‘‘(C) a disclosure of the names and ad11 dresses of subscribers to any other provider of

12 satellite service or other service, if—

13 ‘‘(i) the satellite carrier or distributor

14 has provided the subscriber the oppor15 tunity to prohibit or limit such disclosure;

16 and

17 ‘‘(ii) the disclosure does not reveal, di18 rectly or indirectly—

19 ‘‘(I) the extent of any viewing or

20 other use by the subscriber of satellite

21 service or other service provided by

22 the satellite carrier or distributor; or

23 ‘‘(II) the nature of any trans24 action made by the subscriber over
31

•S 2448 IS

1 the satellite system of the satellite

2 carrier or distributor.

3 ‘‘(3) COURT ORDERS.—

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

5 paragraph (2)(B) may be made only—

6 ‘‘(I) with prior notice to the sub7 scriber, except that delayed notice may be

8 given pursuant to section 2705 of title 18,

9 United States Code; and

10 ‘‘(II) if the law enforcement agency

11 shows that there is probable cause to be12 lieve that the information sought is rel13 evant to an ongoing criminal investigation

14 being conducted by the agency.

15 ‘‘(ii) In the case of a State government au16 thority, such a court order shall not issue if

17 prohibited by the law of such State.

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

19 issuing a court order pursuant to this para20 graph, on a motion made promptly by the sat21 ellite carrier or distributor, may quash or mod22 ify the order if the information requested is un23 reasonably voluminous in nature or if compli24 ance with the order otherwise would cause an
32

•S 2448 IS

1 unreasonable burden on the satellite carrier or

2 distributor, as the case may be.

3 ‘‘(d) SUBSCRIBER ACCESS TO INFORMATION.—A sat4 ellite subscriber shall be provided access to all personally

5 identifiable information regarding that subscriber that is

6 collected and maintained by a satellite carrier or dis7 tributor. Such information shall be made available to the

8 subscriber at reasonable times and at a convenient place

9 designated by such satellite carrier or distributor. A sat10 ellite subscriber shall be provided reasonable opportunity

11 to correct any error in such information.

12 ‘‘(e) RELIEF.—

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

14 any act of a satellite carrier or distributor in viola15 tion of this section may bring a civil action in a dis16 trict court of the United States.

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

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

19 a prevailing plaintiff actual damages but not less

20 than liquidated damages computed at the rate of

21 $100 a day for each day of violation or $1,000,

22 whichever is greater.

23 ‘‘(f) DEFINITIONS.—In this section:
33

•S 2448 IS

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

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

3 title 17, United States Code.

4 ‘‘(2) OTHER SERVICE.—The term ‘other serv5 ice’ includes any wire, electronic, or radio commu6 nications service provided using any of the facilities

7 of a satellite carrier or distributor that are used in

8 the provision of satellite home viewing service.

9 ‘‘(3) PERSONALLY IDENTIFIABLE INFORMA10 TION.—The term ‘personally identifiable informa11 tion’ does not include any record of aggregate data

12 that does not identify particular persons.

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

14 carrier’ has the meaning given that term in section

15 119(d)(6) of title 17, United States Code.’’.

16 (b) NOTICE WITH RESPECT TO CERTAIN AGREE17 MENTS.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), a satellite carrier or distributor who has

20 entered into agreements referred to in section

21 631(a) of the Communications Act of 1934, as

22 amended by subsection (a), before the date of enact23 ment of this Act, shall provide any notice required

24 under that section, as so amended, to subscribers
34

•S 2448 IS

1 under such agreements not later than 180 days after

2 that date.

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

4 apply with respect to any agreement under which a

5 satellite carrier or distributor was providing notice

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

7 1934, as in effect on the day before the date of en8 actment of this Act, as of such date.

9 SEC. 303. ENCRYPTION REPORTING REQUIREMENTS.

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

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

12 number of orders in which encryption was encountered

13 and whether such encryption prevented law enforcement

14 from obtaining the plaintext of communications inter15 cepted pursuant to any such order, (v) the approximate

16 nature, amount, and cost of the manpower and other re17 sources used in obtaining the plaintext of intercepted com18 munications that were encrypted, and (vi)’’.

19 SEC. 304. FRAUD IN ONLINE COLLECTION AND DISSEMINA20 TION OF PERSONALLY IDENTIFIABLE INFOR21 MATION.

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

23 amended by section 102(b) of this Act, is further amended

24 by inserting after subsection (i) the following new sub25 section (j):
35

•S 2448 IS

1 ‘‘(j)(1) Except as otherwise provided in this sub2 section, an interactive computer service may not disclose

3 to a person other than the consumer concerned any per4 sonally identifiable information, unless—

5 ‘‘(A) the interactive computer service discloses

6 to the consumer, in a notice consistent with para7 graph (2), the types of persons to whom such infor8 mation may be disclosed; and

9 ‘‘(B) the consumer is given—

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

11 such information is initially disclosed, to direct

12 that such information not be disclosed to such

13 person; and

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

15 can exercise that nondisclosure option available

16 under clause (i).

17 ‘‘(2) At the time of establishing a customer relation18 ship with a consumer and before collecting any personally

19 identifiable information from the consumer, an interactive

20 computer service shall provide to the consumer a disclo21 sure, which shall appear on the first webpage of the inter22 active computer service or be accessible by a hypertext link

23 from such first webpage, of the policies and practices of

24 the interactive computer service with respect to—
36

•S 2448 IS

1 ‘‘(A) the collection and use of personally identi2 fiable information from customers who visit or use

3 the website of the interactive computer service;

4 ‘‘(B) the disclosure of such personally identifi5 able information to persons other than such cus6 tomers; and

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

8 security of such personally identifiable information.

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

10 of personally identifiable information regarding a con11 sumer if such disclosure is—

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

13 consumer (including the use of an electronic agent

14 to provide such consent or direction);

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

16 the records of the interactive computer service per17 taining to the consumer;

18 ‘‘(C) to protect against or prevent actual or po19 tential fraud or unauthorized transactions;

20 ‘‘(D) to persons holding a legal or beneficial in21 terest relating to the consumer;

22 ‘‘(E) to persons acting in a fiduciary or rep23 resentative capacity on behalf of the consumer; or

24 ‘‘(F) required—
37

•S 2448 IS

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

2 laws or regulations, or other applicable legal re3 quirements;

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

5 civil, criminal, or regulatory investigation or

6 subpoena by Federal, State, or local authorities;

7 or

8 ‘‘(iii) to respond to judicial process or gov9 ernment regulatory authorities for examination,

10 compliance, or other purposes as authorized by

11 law.

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

13 prohibit an interactive computer service from using, dis14 closing, or permitting access to aggregate subscriber infor15 mation from which personally identifiable information has

16 been removed.

17 ‘‘(5) The Attorney General, any United States Attor18 ney, or any State Attorney General may maintain a civil

19 action against any person who violates this subsection for

20 appropriate civil or equitable relief.

21 ‘‘(6) In this subsection:

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

23 who visits or transacts with an interactive computer

24 service for personal, family, or household purposes,
38

•S 2448 IS

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-
39

•S 2448 IS

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.
40

•S 2448 IS

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.
41

•S 2448 IS

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;
42

•S 2448 IS

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.
43

•S 2448 IS

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

•S 2448 IS

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.
45

•S 2448 IS

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
46

•S 2448 IS

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-
47

•S 2448 IS

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:
48

•S 2448 IS

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
49

•S 2448 IS

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
50

•S 2448 IS

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
51

•S 2448 IS

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);
52

•S 2448 IS

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-
53

•S 2448 IS

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—
54

•S 2448 IS

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-
55

•S 2448 IS

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.
56

•S 2448 IS

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.—
57

•S 2448 IS

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.
58

•S 2448 IS

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
59

•S 2448 IS

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.
60

•S 2448 IS

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.
61

•S 2448 IS

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
62

•S 2448 IS

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-
63

•S 2448 IS

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—
64

•S 2448 IS

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-
65

•S 2448 IS

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
66

•S 2448 IS

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-
67

•S 2448 IS

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
68

•S 2448 IS

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
69

•S 2448 IS

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;
70

•S 2448 IS

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-
71

•S 2448 IS

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
72

•S 2448 IS

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
73

•S 2448 IS

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.

Æ