|
U.S. Code as of:
01/03/05
Section 145. Cyber Security Enhancement Act of 2002
(a) Short title
This section may be cited as the "Cyber Security Enhancement Act
of 2002".
(b) Amendment of sentencing guidelines relating to certain computer
crimes
(1) Directive to the United States Sentencing Commission
Pursuant to its authority under section 994(p) of title 28 and
in accordance with this subsection, the United States Sentencing
Commission shall review and, if appropriate, amend its guidelines
and its policy statements applicable to persons convicted of an
offense under section 1030 of title 18.
(2) Requirements
In carrying out this subsection, the Sentencing Commission
shall -
(A) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses described
in paragraph (1), the growing incidence of such offenses, and
the need for an effective deterrent and appropriate punishment
to prevent such offenses;
(B) consider the following factors and the extent to which
the guidelines may or may not account for them -
(i) the potential and actual loss resulting from the
offense;
(ii) the level of sophistication and planning involved in
the offense;
(iii) whether the offense was committed for purposes of
commercial advantage or private financial benefit;
(iv) whether the defendant acted with malicious intent to
cause harm in committing the offense;
(v) the extent to which the offense violated the privacy
rights of individuals harmed;
(vi) whether the offense involved a computer used by the
government in furtherance of national defense, national
security, or the administration of justice;
(vii) whether the violation was intended to or had the
effect of significantly interfering with or disrupting a
critical infrastructure; and
(viii) whether the violation was intended to or had the
effect of creating a threat to public health or safety, or
injury to any person;
(C) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(D) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(E) make any necessary conforming changes to the sentencing
guidelines; and
(F) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18.
(c) Study and report on computer crimes
Not later than May 1, 2003, the United States Sentencing
Commission shall submit a brief report to Congress that explains
any actions taken by the Sentencing Commission in response to this
section and includes any recommendations the Commission may have
regarding statutory penalties for offenses under section 1030 of
title 18.
(d) Emergency disclosure exception
(1) Omitted
(2) Reporting of disclosures
A government entity that receives a disclosure under section
2702(b) of title 18 shall file, not later than 90 days after such
disclosure, a report to the Attorney General stating the
paragraph of that section under which the disclosure was made,
the date of the disclosure, the entity to which the disclosure
was made, the number of customers or subscribers to whom the
information disclosed pertained, and the number of
communications, if any, that were disclosed. The Attorney General
shall publish all such reports into a single report to be
submitted to Congress 1 year after November 25, 2002.
|