107TH CONGRESS
2D SESSION
H. R. 3482
AN ACT
To provide greater cybersecurity.
107TH CONGRESS
2D SESSION
H. R. 3482
AN ACT
To provide greater cybersecurity.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Cyber Security En-
hancement Act of 2002’’.
TITLE I—COMPUTER CRIME
SEC. 101. AMENDMENT OF SENTENCING GUIDELINES RE-
LATING TO CERTAIN COMPUTER CRIMES.
(a) DIRECTIVE
TO
THE
UNITED
STATES
SEN-
TENCING COMMISSION.—Pursuant to its authority under
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing
Commission shall review and, if appropriate, amend its
guidelines and its policy statements applicable to persons
convicted of an offense under section 1030 of title 18,
United States Code.
(b) REQUIREMENTS.—In carrying out this section,
the Sentencing Commission shall—
(1) ensure that the sentencing guidelines and
policy statements reflect the serious nature of the of-
fenses described in subsection (a), the growing inci-
dence of such offenses, and the need for an effective
deterrent and appropriate punishment to prevent
such offenses;
(2) consider the following factors and the extent
to which the guidelines may or may not account for
them—
(A) the potential and actual loss resulting
from the offense;
(B) the level of sophistication and planning
involved in the offense;
(C) whether the offense was committed for
purposes of commercial advantage or private fi-
nancial benefit;
(D) whether the defendant acted with ma-
licious intent to cause harm in committing the
offense;
(E) the extent to which the offense violated
the privacy rights of individuals harmed;
(F) whether the offense involved a com-
puter used by the government in furtherance of
national defense, national security, or the ad-
ministration of justice;
(G) whether the violation was intended to
or had the effect of significantly interfering
with or disrupting a critical infrastructure; and
(H) whether the violation was intended to
or had the effect of creating a threat to public
health or safety, or injury to any person;
(3) assure reasonable consistency with other
relevant directives and with other sentencing guide-
lines;
(4) account for any additional aggravating or
mitigating circumstances that might justify excep-
tions to the generally applicable sentencing ranges;
(5) make any necessary conforming changes to
the sentencing guidelines; and
(6) assure that the guidelines adequately meet
the purposes of sentencing as set forth in section
3553(a)(2) of title 18, United States Code.
SEC. 101A. STUDY AND REPORT ON COMPUTER CRIMES.
Not later than May 1, 2003, the United States Sen-
tencing Commission shall submit a brief report to Con-
gress that explains any actions taken by the Sentencing
Commission in response to this Act and includes any rec-
ommendations the Commission may have regarding statu-
tory penalties for offenses under section 1030 of title 18,
United States Code.
SEC. 102. EMERGENCY DISCLOSURE EXCEPTION.
(a) IN GENERAL.—Section 2702(b) of title 18,
United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(5);
(2) by striking subparagraph (C) of paragraph
(6);
(3) in paragraph (6), by inserting ‘‘or’’ at the
end of subparagraph (A); and
(4) by inserting after paragraph (6) the fol-
lowing:
‘‘(7) to a Federal, State, or local governmental
entity, if the provider, in good faith, believes that an
emergency involving danger of death or serious phys-
ical injury to any person requires disclosure without
delay of communications relating to the emer-
gency.’’.
(b) REPORTING OF DISCLOSURES.—A government
entity that receives a disclosure under this section shall
file, no later than 90 days after such disclosure, a report
to the Attorney General stating the subparagraph under
which the disclosure was made, the date of the disclosure,
the entity to which the disclosure was made, the number
of customers or subscribers to whom the information dis-
closed pertained, and the number of communications, if
any, that were disclosed. The Attorney General shall pub-
lish all such reports into a single report to be submitted
to Congress one year after enactment of the bill.
SEC. 103. GOOD FAITH EXCEPTION.
Section 2520(d)(3) of title 18, United States Code,
is amended by inserting ‘‘or 2511(2)(i)’’ after ‘‘2511(3)’’.
SEC. 104. INTERNET ADVERTISING OF ILLEGAL DEVICES.
Section 2512(1)(c) of title 18, United States Code,
is amended—
(1) by inserting ‘‘or disseminates by electronic
means’’ after ‘‘or other publication’’; and
(2) by inserting ‘‘knowing the content of the
advertisement and’’ before ‘‘knowing or having rea-
son to know’’.
SEC. 105. STRENGTHENING PENALTIES.
Section 1030(c) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) in each of subparagraphs (A) and (C) of
paragraph (4), by inserting ‘‘except as provided in
paragraph (5),’’ before ‘‘a fine under this title’’;
(3) by striking the period at the end of para-
graph (4)(C) and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5)(A) if the offender knowingly or recklessly
causes or attempts to cause serious bodily injury
from conduct in violation of subsection (a)(5)(A)(i),
a fine under this title or imprisonment for not more
than 20 years, or both; and
‘‘(B) if the offender knowingly or recklessly
causes or attempts to cause death from conduct in
violation of subsection (a)(5)(A)(i), a fine under this
title or imprisonment for any term of years or for
life, or both.’’.
SEC. 106. PROVIDER ASSISTANCE.
(a) SECTION 2703.—Section 2703(e) of title 18,
United States Code, is amended by inserting ‘‘, statutory
authorization’’ after ‘‘subpoena’’.
(b) SECTION 2511.—Section 2511(2)(a)(ii) of title
18, United States Code, is amended by inserting ‘‘, statu-
tory authorization,’’ after ‘‘court order’’ the last place it
appears.
SEC. 107. EMERGENCIES.
Section 3125(a)(1) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(A);
(2) by striking the comma at the end of sub-
paragraph (B) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) an immediate threat to a national se-
curity interest; or
‘‘(D) an ongoing attack on a protected
computer (as defined in section 1030) that con-
stitutes a crime punishable by a term of impris-
onment greater than one year;’’.
SEC. 108. PROTECTING PRIVACY.
(a) SECTION 2511.—Section 2511(4) of title 18,
United States Code, is amended—
(1) by striking paragraph (b); and
(2) by redesignating paragraph (c) as para-
graph (b).
(b) SECTION 2701.—Section 2701(b) of title 18,
United States Code, is amended—
(1) in paragraph (1), by inserting ‘‘, or in fur-
therance of any criminal or tortious act in violation
of the Constitution or laws of the United States or
any State’’ after ‘‘commercial gain’’;
(2) in paragraph (1)(A), by striking ‘‘one year’’
and inserting ‘‘5 years’’;
(3) in paragraph (1)(B), by striking ‘‘two
years’’ and inserting ‘‘10 years’’; and
(4) so that paragraph (2) reads as follows:
‘‘(2) in any other case—
‘‘(A) a fine under this title or imprison-
ment for not more than one year or both, in the
case of a first offense under this paragraph;
and
‘‘(B) a fine under this title or imprison-
ment for not more than 5 years, or both, in the
case of an offense under this subparagraph that
occurs after a conviction of another offense
under this section.’’.
(c) PRESENCE OF OFFICER AT SERVICE AND EXECU-
TION OF WARRANTS FOR COMMUNICATIONS AND CUS-
TOMER RECORDS.—Section 3105 of title 18, United
States Code, is amended by adding at the end the fol-
lowing: ‘‘The presence of an officer is not required for
service or execution of a search warrant directed to a pro-
vider of electronic communication service or remote com-
puting service for records or other information pertaining
to a subscriber to or customer of such service.’’.
TITLE II—OFFICE OF SCIENCE
AND TECHNOLOGY
SEC. 201. ESTABLISHMENT OF OFFICE; DIRECTOR.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is hereby established
within the Department of Justice an Office of
Science and Technology (hereinafter in this title re-
ferred to as the ‘‘Office’’).
(2) AUTHORITY.—The Office shall be under the
general authority of the Assistant Attorney General,
Office of Justice Programs, and shall be independent
of the National Institute of Justice.
(b) DIRECTOR.—The Office shall be headed by a Di-
rector, who shall be an individual appointed based on ap-