Interesting People mailing list archives
IP: Senate Proposal Attacks Cracking
From: Dave Farber <farber () cis upenn edu>
Date: Tue, 29 Feb 2000 10:47:14 -0500
~~ www.cybertelecom.org ~~ http://www.senate.gov/~schumer/html/schumer_offers_legislative_pac.html Schumer Offers Legislative Package to Combat Online Hacking Legislation will Enhance Law Enforcement's Ability to Deal with the Problem and Punish Hackers Proposal Will Address Growing Threats to Online Security Without Restraining Internet Freedom US Senator Charles E. Schumer today announced that he will introduce major legislation to address computer crime. The legislation would provide nationwide trap and trace authority, lower barriers to Federal prosecution of computer criminals, increase computer crime prosecutions by modifying a sentencing directive, and allow for prosecution of juvenile perpetrators of serious computer crimes. Schumer will introduce the legislation when the Senate returns from recess next week. "As last week's events proved, the growing threat that computer crimes pose to our increasingly networked and global society is something law enforcement must be able to address," said Schumer. "The rules governing law enforcement have not kept pace with our changing technology and this legislation is designed to make sure law enforcement has the tools it needs to keep up." Last week, computer hackers deluged popular web sites including Amazon.com, CNN.com, E-Trade, eBay and Yahoo, temporarily slowing or completely blocking traffic on the sites. "We have a two-part problem. The systems themselves are vulnerable, and law enforcement is shackled with rules designed to deal with 20th Century criminals in a 21st Century world. We have to update the rules to fit the crimes," said Schumer. The four major provisions of the legislation would: 1. Update the laws governing the use of trap and trace devices. Trap and trace devices capture incoming electronic impulses that identify the originating number of a computer. Today, investigators must obtain a trap and trace order in each state through which an electronic communication is made, but nearly all hacking crimes spread through multiple states. The Schumer bill would authorize the issuance of a single order to completely trace an online communication from start to finish. 2. Lower monetary barriers to the Federal prosecution of computer criminals. The Computer Fraud and Abuse Act currently requires monetary proof of damages in excess of $5,000. In several cases, prosecutors have found that while computer intruders attempted to harm computers vital to infrastructures, such as telecommunications and financial services, damages of $5,00 could not be proven. The legislation will unambiguously permit federal jurisdiction at the outset of an attack, rather than having investigators wait for any damage assessment. Crimes that exceed $5,000 will be prosecuted as felonies, while crimes below that amount will be defined as misdemeanors. Furthermore, the costs of responding to the offense, conducting a damage assessment, restoring a system to its original condition, and any lost revenue or costs incurred from the interruption in service in the damage assessment will be counted toward a $5,000 loss. 3. Increase Computer Crime Prosecutions by Modifying Sentencing Directive. A directive to the sentencing commission contained in the Antiterrorism and Effective Death Penalty Act of 1999 required a mandatory minimum sentence of six months' imprisonment for violations of the Computer Fraud and Abuse Act. Because of the mandatory imprisonment clause, some prosecutors have not brought charges where a six month sentence would be excessive. This bill will provide for lesser sentences for lesser crimes, thereby helping to ensure that all crimes are punished. 4. Make Juvenile Perpetrators of the Most Serious Computer Crimes Eligible for Federal Prosecution. This legislation will make juveniles fifteen years of age or older who commit the most serious violations of the Computer Fraud and Abuse Act eligible for federal prosecution in cases where the Attorney General finds such prosecution appropriate. "These are just the first steps in a very long fight against cybercrime that many of us will wage for years to come," said Schumer. "But they are important beginning steps in our efforts to stem the tide of cybercrime while protecting the privacy rights of innocent individuals." # # # ** A Service of www.cybertelecom.org ** ** Please repost but please credit Cybertelecom Service **
Current thread:
- IP: Senate Proposal Attacks Cracking Dave Farber (Feb 29)