Identity Theft Enforcement and Restitution Act of 2007

Bill: 110-s-2168
Sponsor: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2007-10-16 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Bank records
Civil Rights and Liberties, Minority Issues
Commerce
Compensation for victims of crime
Computer crimes
Computer software
Conspiracy
Counterfeiting
Electronic surveillance
Extortion
Families
Finance and Financial Sector
Forfeiture
Fraud
Government Operations and Politics
Government property
Homicide
Identity theft
Infrastructure
Infrastructure (Economics)
Jurisdiction
Juvenile delinquency
Law
Prosecution
Right of privacy
Science, Technology, Communications
Securities fraud
Sentences (Criminal procedure)
Sentencing guidelines
Taxation
Trade secrets
U.S. Sentencing Commission

Summary:
action_date: 2007-10-16
text: 
Identity Theft Enforcement and Restitution Act of 2007 - Amends the federal criminal code to: (1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred; (2) expand identity theft and aggravated identity theft crimes to include offenses against organizations (currently, only natural persons are protected); (3) include conspiracy to commit a felony within the definition of &quot;felony violation&quot; for purposes of aggravated identity theft crimes; (4) include making, uttering, or possessing counterfeited securities, mail theft, and tax fraud as predicate offenses for aggravated identity theft; (5) enable prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication; (6) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer; (7) make it a felony to employ spyware or keyloggers to damage 10 or more computers, regardless of the aggregate amount of the damage caused; and (8) expand the definition of &quot;cyber-extortion&quot; to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion.

action_date: 2007-11-01
text: 
Identity Theft Enforcement and Restitution Act of 2007 - Amends the federal criminal code to: (1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred; (2) expand identity theft and aggravated identity theft crimes to include offenses against organizations (currently, only natural persons are protected); (3) include conspiracy to commit a felony within the definition of &quot;felony violation&quot; for purposes of aggravated identity theft crimes; (4) include making, uttering, or possessing counterfeited securities, mail theft, and tax fraud as predicate offenses for aggravated identity theft; (5) enable prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication; (6) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer; (7) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution; (8) expand the definition of &quot;cyber-extortion&quot; to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; (9) prohibit conspiracies to commit computer fraud; (10) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and (11) impose criminal and civil forfeitures of property used to commit computer fraud offenses.

Directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect increased penalties for such offenses. Sets forth criteria for updating such guidelines and policy statements. 

action_date: 2007-11-15
text: 
Identity Theft Enforcement and Restitution Act of 2007 - Amends the federal criminal code to: (1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred; (2) expand identity theft and aggravated identity theft crimes to include offenses against organizations (currently, only natural persons are protected); (3) include conspiracy to commit a felony within the definition of &quot;felony violation&quot; for purposes of aggravated identity theft crimes; (4) include making, uttering, or possessing counterfeited securities, mail theft, and tax fraud as predicate offenses for aggravated identity theft; (5) enable prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication; (6) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer; (7) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution; (8) expand the definition of &quot;cyber-extortion&quot; to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; (9) prohibit conspiracies to commit computer fraud; (10) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and (11) impose criminal and civil forfeitures of property used to commit computer fraud offenses.

Directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect increased penalties for such offenses. Sets forth criteria for updating such guidelines and policy statements. 


Legislative actions:
action_date: 2008-02-04
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2007-12-04
text: Referred to the House Committee on the Judiciary.
action_date: 2007-12-04
text: Received in the House.
action_date: 2007-11-16
text: Message on Senate action sent to the House.
action_date: 2007-11-15
text: Passed Senate with amendments by Unanimous Consent. (consideration: CR S14568-14572; text of measure as reported in Senate: CR S14568-14569; text as passed Senate: CR S14570-14572)
action_date: 2007-11-15
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(consideration: CR S14568-14572; text of measure as reported in Senate: CR S14568-14569; text as passed Senate: CR S14570-14572)
action_date: 2007-11-01
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 459.
action_date: 2007-11-01
text: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
action_date: 2007-11-01
text: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
action_date: 2007-11-01
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2007-10-16
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S12939-12940)
action_date: 2007-10-16
text: Sponsor introductory remarks on measure. (CR S12938-12939)
action_date: 2007-10-16
text: Introduced in Senate