H. R. 5938—4 
resulting in damage as defined in 1030(a)(5)(B)(ii) through (v)’’ 
and inserting ‘‘1030(a)(5)(A) resulting in damage as defined in 
1030(c)(4)(A)(i)(II) through (VI)’’. 
SEC. 205. CYBER-EXTORTION. 
Section 1030(a)(7) of title 18, United States Code, is amended 
to read as follows: 
‘‘(7) with intent to extort from any person any money 
or other thing of value, transmits in interstate or foreign com-
merce any communication containing any— 
‘‘(A) threat to cause damage to a protected computer; 
‘‘(B) threat to obtain information from a protected com-
puter without authorization or in excess of authorization 
or to impair the confidentiality of information obtained 
from a protected computer without authorization or by 
exceeding authorized access; or 
‘‘(C) demand or request for money or other thing of 
value in relation to damage to a protected computer, where 
such damage was caused to facilitate the extortion;’’. 
SEC. 206. CONSPIRACY TO COMMIT CYBER-CRIMES. 
Section 1030(b) of title 18, United States Code, is amended 
by inserting ‘‘conspires to commit or’’ after ‘‘Whoever’’. 
SEC. 207. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER 
FOR CRIMINAL PENALTIES. 
Section 1030(e)(2)(B) of title 18, United States Code, is amended 
by inserting ‘‘or affecting’’ after ‘‘which is used in’’. 
SEC. 208. FORFEITURE FOR SECTION 1030 VIOLATIONS. 
Section 1030 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(i)(1) The court, in imposing sentence on any person convicted 
of a violation of this section, or convicted of conspiracy to violate 
this section, shall order, in addition to any other sentence imposed 
and irrespective of any provision of State law, that such person 
forfeit to the United States— 
‘‘(A) such person’s interest in any personal property that 
was used or intended to be used to commit or to facilitate 
the commission of such violation; and 
‘‘(B) any property, real or personal, constituting or derived 
from, any proceeds that such person obtained, directly or 
indirectly, as a result of such violation. 
‘‘(2) The criminal forfeiture of property under this subsection, 
any seizure and disposition thereof, and any judicial proceeding 
in relation thereto, shall be governed by the provisions of section 
413 of the Comprehensive Drug Abuse Prevention and Control 
Act of 1970 (21 U.S.C. 853), except subsection (d) of that section. 
‘‘(j) For purposes of subsection (i), the following shall be subject 
to forfeiture to the United States and no property right shall exist 
in them: 
‘‘(1) Any personal property used or intended to be used 
to commit or to facilitate the commission of any violation of 
this section, or a conspiracy to violate this section. 
‘‘(2) Any property, real or personal, which constitutes or 
is derived from proceeds traceable to any violation of this 
section, or a conspiracy to violate this section’’.
H. R. 5938—5 
SEC. 209. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION. 
(a) DIRECTIVE.—Pursuant to its authority under section 994(p) 
of title 28, United States Code, and in accordance with this section, 
the United States Sentencing Commission shall review its guide-
lines and policy statements applicable to persons convicted of 
offenses under sections 1028, 1028A, 1030, 2511, and 2701 of title 
18, United States Code, and any other relevant provisions of law, 
in order to reflect the intent of Congress that such penalties be 
increased in comparison to those currently provided by such guide-
lines and policy statements. 
(b) REQUIREMENTS.—In determining its guidelines and policy 
statements on the appropriate sentence for the crimes enumerated 
in subsection (a), the United States Sentencing Commission shall 
consider the extent to which the guidelines and policy statements 
may or may not account for the following factors in order to create 
an effective deterrent to computer crime and the theft or misuse 
of personally identifiable data: 
(1) The level of sophistication and planning involved in 
such offense. 
(2) Whether such offense was committed for purpose of 
commercial advantage or private financial benefit. 
(3) The potential and actual loss resulting from the offense 
including— 
(A) the value of information obtained from a protected 
computer, regardless of whether the owner was deprived 
of use of the information; and 
(B) where the information obtained constitutes a trade 
secret or other proprietary information, the cost the victim 
incurred developing or compiling the information. 
(4) Whether the defendant acted with intent to cause either 
physical or property harm in committing the offense. 
(5) The extent to which the offense violated the privacy 
rights of individuals. 
(6) The effect of the offense upon the operations of an 
agency of the United States Government, or of a State or 
local government. 
(7) Whether the offense involved a computer used by the 
United States Government, a State, or a local government 
in furtherance of national defense, national security, or the 
administration of justice. 
(8) Whether the offense was intended to, or had the effect 
of, significantly interfering with or disrupting a critical infra-
structure. 
(9) Whether the offense was intended to, or had the effect 
of, creating a threat to public health or safety, causing injury 
to any person, or causing death. 
(10) Whether the defendant purposefully involved a juvenile 
in the commission of the offense. 
(11) Whether the defendant’s intent to cause damage or 
intent to obtain personal information should be disaggregated 
and considered separately from the other factors set forth in 
USSG 2B1.1(b)(14). 
(12) Whether the term ‘‘victim’’ as used in USSG 2B1.1, 
should include individuals whose privacy was violated as a 
result of the offense in addition to individuals who suffered 
monetary harm as a result of the offense.
H. R. 5938—6 
(13) Whether the defendant disclosed personal information 
obtained during the commission of the offense. 
(c) ADDITIONAL REQUIREMENTS.—In carrying out this section, 
the United States Sentencing Commission shall— 
(1) assure reasonable consistency with other relevant direc-
tives and with other sentencing guidelines; 
(2) account for any additional aggravating or mitigating 
circumstances that might justify exceptions to the generally 
applicable sentencing ranges; 
(3) make any conforming changes to the sentencing guide-
lines; and 
(4) assure that the guidelines adequately meet the purposes 
of sentencing as set forth in section 3553(a)(2) of title 18, 
United States Code. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.