Directs the court, upon application made by an attorney for the Government or by a State investigative or law enforcement officer, to enter an ex parte order authorizing the installation and use of such a device if it finds that such attorney or officer has certified that the information likely to be obtained is relevant to an ongoing criminal investigation. Requires the order to specify a description of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the device is to be attached or applied, and, in with respect to States, the geographic limits of the order.
Provides for emergency installation of such a device in situations involving: (1) an immediate threat to U.S. national security interests or to public health or safety; or (2) an attack on the integrity or availability of a protected computer if such attack would be a Federal computer fraud offense.
Modifies the definitions of: (1) "court of competent jurisdiction" to mean any U.S. district court or any U.S. Court of Appeals having jurisdiction over the offense being investigated; and (2) "pen register" and "trap and trace device" to cover processes (as well as devices) and dialing, routing, addressing, or signaling information with respect to a wire or electronic communication.
(Sec. 2) Revises Federal criminal code (the code) provisions regarding penalties for fraud and related activity in connection with computers to cover certain attempts to commit punishable offenses and to provide penalties for offenses (or attempts) regarding: (1) loss to one or more persons during any one-year period aggregating at least $5,000 in value; (2) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; (3) physical injury to any person; (4) a threat to public health or safety; or (5) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security. Repeals a limitation on damages in civil actions to economic damages if any of subparagraphs (2) through (5) apply.
Directs the court, in imposing sentence on any person convicted of a violation, to order, in addition to any other sentence imposed and irrespective of any State law provision, that such person forfeit to the United States: (1) any property that was used to commit or to facilitate such violation; and (2) any property constituting or derived from any proceeds that such person obtained as a result of such violation. Makes specified Controlled Substances Act provisions regarding the criminal forfeiture, seizure, and disposition of property applicable to this section.
Sets forth similar provisions with respect to civil forfeiture.
(Sec. 3) Amends provisions of the code regarding juvenile delinquency proceedings in district courts, and transfer for criminal prosecution, to cover situations involving fraud and related activity in connection with computers.
(Sec. 4) Modifies provisions of the Antiterrorism and Effective Death Penalty Act of 1996 to direct the United States Sentencing Commission to amend the sentencing guidelines to ensure that any individual convicted of a felony violation of the prohibition against knowingly causing the transmission of a program, information, code, or command and thereby intentionally causing damage, without authorization, to a protected computer is imprisoned for not less than six months.
(Sec. 5) Authorizes the Secretary of Defense to make grants to, or enter into contracts with, a qualified entity or organization to: (1) conduct research for the prevention of cyberterrorism or to develop technology products or services designed for use in its prevention; and (2) make improvements to the critical information protection architecture of such entity or organization or to refinance improvements previously made to such architecture. Sets forth reporting requirements. Authorizes appropriations.
Output: To amend title 18, United States Code, to modify authorities relating to the use of pen registers and trap and trace devices, to modify provisions relating to fraud and related activities in connection with computers, and for other purposes.