I 
110TH CONGRESS 
1ST SESSION H. R. 4175 
To amend title 18, United States Code, with respect to data privacy and 
security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 14, 2007 
Mr. CONYERS (for himself, Mr. SMITH of Texas, Mr. SCOTT of Virginia, Mr. 
FORBES, Ms. LINDA T. SA´NCHEZ of California, Mr. DAVIS of Alabama, 
and Ms. JACKSON-LEE of Texas) introduced the following bill; which was 
referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, with respect to 
data privacy and security, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Privacy and Cybercrime Enforcement Act of 2007’’. 
(b) TABLE OF CONTENTS.—The title of contents for 
this Act is as follows: 
Sec. 1. Short title. 
TITLE I—ENHANCING PUNISHMENT FOR IDENTITY THEFT AND 
OTHER VIOLATIONS OF DATA PRIVACY AND SECURITY 
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Sec. 101. Organized criminal activity. 
Sec. 102. Failure to provide notice of security breaches involving sensitive per-
sonally identifiable information. 
Sec. 103. Use of full interstate and foreign commerce power for criminal pen-
alties. 
Sec. 104. Cyber-extortion. 
Sec. 105. Conspiracy to commit cyber-crimes. 
Sec. 106. Penalties for section 1030 violations. 
Sec. 107. Additional funding for resources to investigate and prosecute criminal 
activity involving computers. 
Sec. 108. Criminal restitution. 
Sec. 109. Review and amendment of Federal sentencing guidelines related to 
fraudulent access to or misuse of digitized or electronic person-
ally identifiable information. 
TITLE II—NON-CRIMINAL PRIVACY ENFORCEMENT AND PRIVACY 
IMPACT STATEMENTS 
Sec. 201. Enforcement by Attorney General and State authorities. 
Sec. 202. Coordination of State and Federal efforts. 
Sec. 203. Requirement that agency rulemaking take into consideration impacts 
on individual privacy. 
TITLE III—ASSISTANCE FOR STATE AND LOCAL LAW ENFORCE-
MENT TO COMBAT FRAUDULENT, UNAUTHORIZED, OR OTHER 
CRIMINAL USE OF PERSONALLY IDENTIFIABLE INFORMATION 
Sec. 301. Grants for State and local law enforcement. 
Sec. 302. Authorization of appropriations. 
TITLE IV—NATIONAL WHITE COLLAR CRIME CENTER GRANTS 
Sec. 401. Authorization and Expansion of National White Collar Crime Center. 
TITLE 
I—ENHANCING 
PUNISH-
MENT FOR IDENTITY THEFT 
AND OTHER VIOLATIONS OF 
DATA PRIVACY AND SECU-
RITY 
SEC. 101. ORGANIZED CRIMINAL ACTIVITY. 
Section 1961(1) of title 18, United States Code, is 
amended by inserting ‘‘section 1030 (relating to certain 
frauds and related activities in connection with com-
puters)’’. 
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SEC. 102. FAILURE TO PROVIDE NOTICE OF SECURITY 
BREACHES INVOLVING SENSITIVE PERSON-
ALLY IDENTIFIABLE INFORMATION. 
(a) IN GENERAL.—Chapter 47 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1040. 
Failure 
to 
provide 
notice 
of 
security 
breaches involving sensitive personally 
identifiable information 
‘‘(a) Whoever, having a covered obligation to provide 
notice of a security breach involving sensitive personally 
identifiable information, knowingly fails to do so, shall be 
fined under this title or imprisoned not more than 5 years, 
or both. 
‘‘(b) As used in this section— 
‘‘(1) the term ‘covered obligation’, with respect 
to providing notice of a security breach, means an 
obligation under Federal law or, if the breach is in 
or affects interstate or foreign commerce, under 
State law; 
‘‘(2) the term ‘sensitive personally identifiable 
information’ means any electronic or digital informa-
tion that includes— 
‘‘(A) an individual’s first and last name, or 
first initial and last name, or address or phone 
number in combination with any 1 of the fol-
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lowing data elements where the data elements 
are not protected by a technology protection 
measure that renders the data element indeci-
pherable— 
‘‘(i) a nontruncated social security 
number, driver’s license number, state resi-
dent identification number, passport num-
ber, or alien registration number; 
‘‘(ii) both of the following— 
‘‘(I) mother’s maiden name, if 
identified as such; and 
‘‘(II) month, day, and year of 
birth; and 
‘‘(iii) unique biometric data such as a 
finger print, voice print, a retina or iris 
image; or 
‘‘(B) a financial account number or credit 
or debit card number in combination with any 
security code, access code or password that is 
required for an individual to obtain credit, with-
draw funds, or engage in a financial transaction 
by means of such number; 
‘‘(3) the term ‘security breach’ means a com-
promise of the security, confidentiality, or integrity 
of computerized data that there is reason to believe 
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