IP: Senate Proposal Attacks Cracking

[Dave Farber <farber@cis.upenn.edu>]

>
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>
>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."
>
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