House considers jailing hackers for life

C-NET news ^ | Nov. 13, 2002 | Declan McCullagh

[Lo-Pro]

House considers jailing hackers for life

By Declan McCullagh Staff Writer, CNET News.com November 13, 2002, 5:57 PM PT

WASHINGTON--A last-minute addition to a proposal for a Department of Homeland Security would punish malicious computer hackers with life in prison.

[Lo-Pro]

This refers to the Cyber Security Enhancement Act -2002...tacked on to the Homeland Security Bill.

I read it (and other similar media reports) though and don't see where it is going to enact life sentences for the worst, repeat offender hackers.

It appears to simply issue a DIRECTIVE to the U.S. Sentencing Commission, to review, and amend, IF APPROPRIATE, the guidelines. And to issue a brief report on the findings to Congress on May 1, 2003.

Any comments? --------------------- SEC. 101. AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN COMPUTER CRIMES. (a) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION- Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, 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, United States Code.

SEC. 101A. 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 Act and includes any recommendations the Commission may have regarding statutory penalties for offenses under section 1030 of title 18, United States Code

http://thomas.loc.gov [enter HR 3482 to read CSEA Act]

What say you, freepers?

[go star go]

I say good! Apply it to the virus writers also...

[Rays_Dad]

Yup Yup I agree, unleash the fury.

[Lo-Pro]

Hackers not happy. Hacker "Grandmaster Ratte'" of Cult of the Dead Cow (cultdeadcow.blogspot.com or cultdeadcow.com) had this to say....

"The CSEA is sponsored by Rep. Lamar Smith (R, for 'retard', Texas)…....
Yeah, whatever. Go read _Internet for Dummies_ and dye that bad combover some more, just stay away from Capital Hill before you do any more damage....

More "Computers and terrorists have magical powers!! Ooooh!" garbage. We've had perfectly good laws covering these things forever, but these filthy sons-of-bitches use 9/11 as an excuse to tighten the screws... while the incompetents in the FBI and INS still haven't been flayed to death in the street....."

[mrsmith]

Here's what was actually passed (in HR 5710):

SEC. 225. 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, United States Code, 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, United States Code.
(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, United States Code.
(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, United States Code.
(d) EMERGENCY DISCLOSURE EXCEPTION-
(1) IN GENERAL- Section 2702(b) of title 18, United States Code, is amended--
(A) in paragraph (5), by striking `or' at the end;
(B) in paragraph (6)(A), by inserting `or' at the end;
(C) by striking paragraph (6)(C); and
(D) by adding at the end the following:
`(7) to a Federal, State, or local governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency.'.
(2) REPORTING OF DISCLOSURES- A government entity that receives a disclosure under section 2702(b) of title 18, United States Code, 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 the date of enactment of this Act.
(e) GOOD FAITH EXCEPTION- Section 2520(d)(3) of title 18, United States Code, is amended by inserting `or 2511(2)(i)' after `2511(3)'.
(f) INTERNET ADVERTISING OF ILLEGAL DEVICES- Section 2512(1)(c) of title 18, United States Code, is amended--
(1) by inserting `or disseminates by electronic means' after `or other publication'; and
(2) by inserting `knowing the content of the advertisement and' before `knowing or having reason to know'.
(g) STRENGTHENING PENALTIES- Section 1030(c) of title 18, United States Code, is amended--
(1) by striking `and' at the end of paragraph (3);
(2) in each of subparagraphs (A) and (C) of paragraph (4), by inserting `except as provided in paragraph (5),' before `a fine under this title';
(3) in paragraph (4)(C), by striking the period at the end and inserting `; and'; and
(4) by adding at the end the following:
`(5)(A) if the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for not more than 20 years, or both; and
`(B) if the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for any term of years or for life, or both.'.
(h) PROVIDER ASSISTANCE-
(1) SECTION 2703- Section 2703(e) of title 18, United States Code, is amended by inserting `, statutory authorization' after `subpoena'.
(2) SECTION 2511- Section 2511(2)(a)(ii) of title 18, United States Code, is amended by inserting `, statutory authorization,' after `court order' the last place it appears.
(i) EMERGENCIES- Section 3125(a)(1) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking `or' at the end;
(2) in subparagraph (B), by striking the comma at the end and inserting a semicolon; and
(3) by adding at the end the following:
`(C) an immediate threat to a national security interest; or
`(D) an ongoing attack on a protected computer (as defined in section 1030) that constitutes a crime punishable by a term of imprisonment greater than one year;'.
(j) PROTECTING PRIVACY-
(1) SECTION 2511- Section 2511(4) of title 18, United States Code, is amended--
(A) by striking paragraph (b); and
(B) by redesignating paragraph (c) as paragraph (b).
(2) SECTION 2701- Section 2701(b) of title 18, United States Code, is amended--
(A) in paragraph (1), by inserting `, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or any State' after `commercial gain';
(B) in paragraph (1)(A), by striking `one year' and inserting `5 years';
(C) in paragraph (1)(B), by striking `two years' and inserting `10 years'; and
(D) by striking paragraph (2) and inserting the following:
`(2) in any other case--
`(A) a fine under this title or imprisonment for not more than 1 year or both, in the case of a first offense under this paragraph; and
`(B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under this subparagraph that occurs after a conviction of another offense under this section.'.

[Holofernes]

I say go after the spammers first... every day I get mail asking me to increase my p*nis size, and I have to say. it's plenty hefty already.

[poet]

Hmmm, pretty soon, people like me will be given life sentences just for disagreeing with government policy.

How about all those congresscritters who "kited" the house bank? How about the clintons, maccaliife and the other traitors? Oh, I forgot that laws only apply to common people. Folks, you ain't seen nothing yet. Just wait until the obscenity and mis-named p.a.t.r.i.o.t law really kicks in. Does anyone else think dislike the word "homeland" security? What was wrong with good old National Security? Just asking.

[Lo-Pro]

Ooohhh, mixed company here! (Is it getting hot in here, or is it just me? :o)


To Mr. Smith -yes,I know that's what it says. So why is the media saying that passing the HSB (w/ CSEA) will ENACT life sentences for the worst repeat offender hackers?

[Maceman]

every day I get mail asking me to increase my p*nis size, and I have to say. it's plenty hefty already.

Thanks for sharing that with us.

[Lo-Pro]

FindLaw editorial in March was interesting..opposes lack of probable cause for ISP's to provide e-mail info to, specifically, "govt entities." ..says rest of CSEA ok. after amendments, but this bugaboo puts Patriot Act on steroids. Thoughts?

Lawyer argues, could be high school principal, postal employee etc. That wording was sloppy and lack of probable cause was bad, bad, bad.

[mrsmith]

"`(g) STRENGTHENING PENALTIES- Section 1030(c) of title 18, United States Code, is amended-- ...(B) if the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for any term of years or for life, or both.'. "

Here's where it is.

I think causing or attempting to cause death, even only 'recklessly', is rightly punished by up to life, depending on the circumstances.

[Holofernes]

No problem. Sharing is caring!

[Lo-Pro]

Thanks Mr. Smith!!

[Lo-Pro]

lol

[mrsmith]

I'm glad you posted this.

I hope some of our 'geeks' see it and comment on any things they think important about the bill.

[Lo-Pro]

Now- what about what appears to be the vague suggestion by media/Dems that this was sneakily added on? Congressional record shows this went before subcommittee on crime, I believe in Feb...then on to House Judiciary etc etc....Come now, the Dems don't know what's in this 16 page act, even though it's been around form before 9-11? (even claiming they had no time to read HS appears to be an attempt to deflect criticism about Dem support of CSEA)

from the Nov. 13 CNET story...

"During closed-door negotiations before the debate began, the House Republican leadership inserted the 16-page Cyber Security Enhancement Act (CSEA) into the Homeland Security bill….In July, the full House approved CSEA by a 385-to-3 vote, but it died in the Senate.

By inserting CSEA into the Homeland Security bill, the measure's backers are hoping for a second chance before Congress adjourns for the holidays……..

...Democratic members of Congress said during Wednesday evening's floor debate that the Department of Homeland Security bill had been rushed to the floor without everyone having a chance to read it. They did not complain specifically about CSEA, which has already been approved near-unanimously by the House.

"We were given a massive new bill this morning that is being rushed through the House with no opportunity for debate," said Rep. Henry Waxman, D-Calif. "I doubt more than 10 people in Congress know (what's) in the bill."
House Majority Leader Dick Armey, R-Texas, replied by saying: "There seems to be a concern that the bill is being rushed to the floor...This was not rushed to the floor. We worked hard on it. We worked together on it."

[SSN558]

"What say you, freepers?"

I would say this is a really stupid concept for a law. A foreign terrorist hacker could care less what the sentence is, after all they are willing to blow themselves up. Mean while, some 13 year old kid gets on the family computer not under standing the consequences. The kid goes to adult prison and gets raped or murdered and his parents lose their house due to an over zealous prosecuter trying to make a name for himself.

The cure for hacking will not come from the law. It will come from the technology sector.

[Lo-Pro]

"I still don't understand how you can put someone's live at risk with a computer ...
pimp | 11.16.02 - 11:41 am"

this is a comment from the hacker blog www.cultofthedeadcow.blogspot.com ......this is likely to be the focal point of debate...how will it be ascertained that a hacker attempted to cause death...critics will argue that there may be a gray area here, where an unfair accusation of attempt to cause death, could be 'manufactured.'

Any thoughts?

Read CSEA though...it makes distinctions between hackers! Lowest level sentence is a fine.

[poet]

My objection to the law is that section 802 has no expiration date while the rest of the act does. Here' the section that bothers me:

Section 802 of the phony p.a.t.r.i.o.t. act gives a broad definition of terrorism in sections 5B (i) & (ii):

Pay particular attention to 5B relative to "intent"


(5) the term `domestic terrorism' means activities that--
(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
(B) appear to be intended--
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or

I'm not an attorney, but, it sure looks like free speech and the right to assemble is a terrorist act if some appointed czar determines that a demonstration against a governement policy has a "bad intent", the same applies if someone "speaks" against a government policy.

Keep in mind, section 802 has no expiration date as does the rest of the act. Rather curious. Is it possible this will be the legal justification of the coming new world order to stifle dissent? nyah! Our government wouldn't do that to us, now, would they?

[mrsmith]

You misread the Act.

: "`(5) the term `domestic terrorism' means activities that--
`(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
`(B) appear to be intended--
`(i) to intimidate or coerce a civilian population;
`(ii) to influence the policy of a government by intimidation or coercion; or
`(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
`(C) occur primarily within the territorial jurisdiction of the United States.'. "

That 'and' I bolded means that means that A, B, and C must be met.
To be domestic terrorism it must `(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;