International Cy­ber­crime Prevention Act
Bill: S.2139 | Sponsor: Sen. Whitehouse, Sheldon (D-RI)
Policy area: Crime and Law Enforcement

Summary:
International Cybercrime Prevention Act
This bill makes changes to the federal statutory framework commonly known as the Computer Fraud and Abuse Act, which criminalizes various categories of computer-related conduct by individuals who act without authority or in excess of authorization.
The bill broadens the scope of prohibited conduct and expands federal enforcement authorities with respect to existing computer fraud and abuse offenses.
The bill also creates a new, related criminal offenses for aggravated damage to a critical infrastructure computer and trafficking in botnets.


To amend title 18, United States Code, to prevent international 
                  cybercrime, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Cybercrime Prevention 
Act''.

SEC. 2. PREDICATE OFFENSES.

    Part I of title 18, United States Code, is amended--
            (1) in section 1956(c)(7)(D)--
                    (A) by striking ``or section 2339D'' and inserting 
                ``section 2339D''; and
                    (B) by striking ``of this title, section 46502'' 
                and inserting ``, or section 2512 (relating to the 
                manufacture, distribution, possession, and advertising 
                of wire, oral, or electronic communication intercepting 
                devices) of this title, section 46502''; and
            (2) in section 1961(1), by inserting ``section 1030 
        (relating to fraud and related activity in connection with 
        computers) if the act indictable under section 1030 is 
        felonious,'' before ``section 1084''.

SEC. 3. FORFEITURE.

    (a) In General.--Section 2513 of title 18, United States Code, is 
amended to read as follows:
``Sec. 2513. Confiscation of wire, oral, or electronic communication 
              intercepting devices and other property
    ``(a) Criminal Forfeiture.--
            ``(1) In general.--The court, in imposing a sentence on any 
        person convicted of a violation of section 2511 or 2512, or 
        convicted of conspiracy to violate section 2511 or 2512, 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 property, real 
                or personal, 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 gross proceeds, or any property 
                traceable to such property, that such person obtained 
                or retained directly or indirectly as a result of such 
                violation.
            ``(2) Forfeiture procedures.--Pursuant to section 2461(c) 
        of title 28, the provisions of section 413 of the Controlled 
        Substances Act (21 U.S.C. 853), other than subsection (d) 
        thereof, shall apply to criminal forfeitures under this 
        subsection.
    ``(b) Civil Forfeiture.--
            ``(1) In general.--The following shall be subject to 
        forfeiture to the United States in accordance with provisions 
        of chapter 46, and no property right shall exist in them:
                    ``(A) Any property, real or personal, used or 
                intended to be used, in any manner, to commit, or 
                facilitate the commission of a violation of section 
                2511 or 2512, or a conspiracy to violate section 2511 
                or 2512.
                    ``(B) Any property, real or personal, constituting, 
                or traceable to the gross proceeds taken, obtained, or 
                retained in connection with or as a result of a 
                violation of section 2511 or 2512, or a conspiracy to 
                violate section 2511 or 2512.
            ``(2) Forfeiture procedures.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46, relating to civil forfeitures, except that such 
        duties as are imposed on the Secretary of the Treasury under 
        the customs laws described in section 981(d) shall be performed 
        by such officers, agents, and other persons as may be 
        designated for that purpose by the Secretary of Homeland 
        Security or the Attorney General.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 119 is amended by striking the item relating to section 2513 
and inserting the following:

``2513. Confiscation of wire, oral, or electronic communication 
                            intercepting devices and other property.''.

SEC. 4. SHUTTING DOWN BOTNETS.

    (a) Amendment.--Section 1345 of title 18, United States Code, is 
amended--
            (1) in the heading, by inserting ``and abuse'' after 
        ``fraud'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C), by inserting 
                        ``or'' after the semicolon; and
                            (iii) by inserting after subparagraph (C) 
                        the following:
                    ``(D) violating or about to violate section 
                1030(a)(5) of this title where such conduct has caused 
                or would cause damage (as defined in section 1030) 
                without authorization to 100 or more protected 
                computers (as defined in section 1030) during any 1-
                year period, including by--
                            ``(i) impairing the availability or 
                        integrity of the protected computers without 
                        authorization; or
                            ``(ii) installing or maintaining control 
                        over malicious software on the protected 
                        computers that, without authorization, has 
                        caused or would cause damage to the protected 
                        computers;''; and
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``, a violation 
                described in subsection (a)(1)(D),'' before ``or a 
                Federal''; and
            (3) by adding at the end the following:
    ``(c) A restraining order, prohibition, or other action described 
in subsection (b), if issued in circumstances described in subsection 
(a)(1)(D), may, upon application of the Attorney General--
            ``(1) specify that no cause of action shall lie in any 
        court against a person for complying with the restraining 
        order, prohibition, or other action; and
            ``(2) provide that the United States shall pay to such 
        person a fee for reimbursement for such costs as are reasonably 
        necessary and which have been directly incurred in complying 
        with the restraining order, prohibition, or other action.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 63 of title 18, United States Code, is amended by striking the 
item relating to section 1345 and inserting the following:

``1345. Injunctions against fraud and abuse.''.

SEC. 5. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by inserting after section 1030 the following:
``Sec. 1030A. Aggravated damage to a critical infrastructure computer
    ``(a) Offense.--It shall be unlawful, during and in relation to a 
felony violation of section 1030, to knowingly cause or attempt to 
cause damage to a critical infrastructure computer, if such damage 
results in (or, in the case of an attempted offense, would, if 
completed, have resulted in) the substantial impairment--
            ``(1) of the operation of the critical infrastructure 
        computer; or
            ``(2) of the critical infrastructure associated with such 
        computer.
    ``(b) Penalty.--Any person who violates subsection (a) shall, in 
addition to the term of punishment provided for the felony violation of 
section 1030, be fined under this title, imprisoned for not more than 
20 years, or both.
    ``(c) Consecutive Sentence.--Notwithstanding any other provision of 
law--
            ``(1) a court shall not place any person convicted of a 
        violation of this section on probation;
            ``(2) except as provided in paragraph (4), no term of 
        imprisonment imposed on a person under this section shall run 
        concurrently with any term of imprisonment imposed on the 
        person under any other provision of law, including any term of 
        imprisonment imposed for the felony violation of section 1030;
            ``(3) in determining any term of imprisonment to be imposed 
        for the felony violation of section 1030, a court shall not in 
        any way reduce the term to be imposed for such violation to 
        compensate for, or otherwise take into account, any separate 
        term of imprisonment imposed or to be imposed for a violation 
        of this section; and
            ``(4) a term of imprisonment imposed on a person for a 
        violation of this section may, in the discretion of the court, 
        run concurrently, in whole or in part, only with another term 
        of imprisonment that is imposed by the court at the same time 
        on that person for an additional violation of this section, if 
        such discretion shall be exercised in accordance with any 
        applicable guidelines and policy statements issued by the 
        United States Sentencing Commission pursuant to section 994 of 
        title 28.
    ``(d) Definitions.--In this section--
            ``(1) the terms `computer' and `damage' have the meanings 
        given the terms in section 1030; and
            ``(2) the term `critical infrastructure' means systems and 
        assets, whether physical or virtual, so vital to the United 
        States that the incapacity or destruction of such systems and 
        assets would have catastrophic regional or national effects on 
        public health or safety, economic security, or national 
        security, including voter registration databases, voting 
        machines, and other communications systems that manage the 
        election process or report and display results on behalf of 
        State and local governments.''.
    (b) Table of Sections.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 1030 the following:

``1030A. Aggravated damage to a critical infrastructure computer.''.

SEC. 6. STOPPING TRAFFICKING IN BOTNETS; FORFEITURE.

    Section 1030 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (7), by adding ``or'' at the end; 
                and
                    (B) by inserting after paragraph (7) the following:
            ``(8) intentionally traffics in the means of access to a 
        protected computer, if--
                    ``(A) the trafficker knows or has reason to know 
                the protected computer has been damaged in a manner 
                prohibited by this section; and
                    ``(B) the promise or agreement to pay for the means 
                of access is made by, or on behalf of, a person the 
                trafficker knows or has reason to know intends to use 
                the means of access to--
                            ``(i) damage a protected computer in a 
                        manner prohibited by this section; or
                            ``(ii) violate section 1037 or 1343;'';
            (2) in subsection (c)(3)--
                    (A) in subparagraph (A), by striking ``(a)(4) or 
                (a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)''; 
                and
                    (B) in subparagraph (B), by striking ``(a)(4), or 
                (a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)'';
            (3) in subsection (e)--
                    (A) in paragraph (13), by striking ``and'' at the 
                end;
                    (B) in paragraph (14), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(15) the term `traffic', except as provided in subsection 
        (a)(6), means transfer, or otherwise dispose of, to another as 
        consideration for the receipt of, or as consideration for a 
        promise or agreement to pay, anything of pecuniary value.'';
            (4) in subsection (g), in the first sentence, by inserting 
        ``, except for a violation of subsection (a)(8),'' after ``of 
        this section''; and
            (5) by striking subsections (i) and (j) and inserting the 
        following:
    ``(i) Criminal Forfeiture.--
            ``(1) In general.--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 property, real 
                or personal, 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 gross proceeds, or any property 
                traceable to such property, that such person obtained, 
                directly or indirectly, as a result of such violation.
            ``(2) Applicable provisions.--The criminal forfeiture of 
        property under this subsection, including any seizure and 
        disposition of the property, and any related judicial or 
        administrative proceeding, shall be governed by the provisions 
        of section 413 of the Controlled Substances Act (21 U.S.C. 
        853), except subsection (d) of that section.
    ``(j) Civil Forfeiture of Property Used in the Commission of an 
Offense.--
            ``(1) In general.--Any personal property, including any 
        Internet domain name or Internet Protocol address, that was 
        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 shall be subject to forfeiture to the 
        United States, and no property right shall exist in such 
        property.
            ``(2) Applicable provisions.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46 relating to civil forfeitures, except that such 
        duties as are imposed on the Secretary of the Treasury under 
        the customs laws described in section 981(d) shall be performed 
        by such officers, agents, and other persons as may be 
        designated for that purpose by the Secretary of Homeland 
        Security or the Attorney General.''.
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