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 House Panel OKs Stiffer Cybercrime Penalties



By Andy Sullivan

WASHINGTON (Reuters) - Computer criminals would face increased penalties, and 
Internet users would face greater surveillance by access providers, under a 
bill approved on Wednesday by a House of Representatives panel.

Spurred by worries about electronic terrorism, a dramatic increase in computer 
viruses and other Internet intrusions, the House Judiciary Committee 
unanimously approved a bill that seeks to better coordinate efforts to fight 
cybercrime while increasing recommended sentences for those found guilty.

Under current law, punishments for cybercrimes are based on the economic damage 
they cause, which often results in little or no jail time. The author of the 
"Melissa" computer virus, which caused $1.2 billion in damage, was sentenced 
last week to 20 months in prison and a $5,000 fine.

The bill would direct the U.S. Sentencing Commission to take into account the 
perpetrator's intent and other factors, such as whether sensitive government 
computers were the target.

"Cybercrime knows no borders or restraints, and can harm the nation's economy 
and threaten its security," said Rep. Lamar Smith, the Texas Republican who 
sponsored the bill.

Computer criminals who put human lives at risk, either knowingly or through 
"reckless" behavior, could face life in prison under the legislation.

The bill also would make it easier for Internet service providers to report 
suspicious activity on their networks. Current law prohibits service providers 
from reporting user activity unless it presents an immediate risk of death or 
injury, and allows users to sue for damages if their privacy is violated.

Smith's bill would loosen those requirements to enable service providers to 
report threats that are not immediate, and would protect them from lawsuits 
when they do so. Providers would face penalties if they did not store 
electronic records, such as customer e-mails, for at least 90 days.

Smith removed a provision that would have reimbursed Internet providers for 
compliance costs, saying the Justice Department could not determine what those 
costs would be. A congressional research service might attempt to determine 
appropriate reimbursement levels, he said.

The Judiciary Committee also changed the bill to require the Justice Department 
to report after one year how many times Internet providers had reported 
suspicious activity. Another amendment clarified that police officers do not 
need to be present while a search warrant is executed.

The bill has drawn support from Internet providers, who say current law places 
them in the awkward position of determining the gravity of threats made in 
their chat rooms or contained in customer e-mails.

But the Center for Democracy and Technology, a civil-liberties group, has said 
it could encourage law enforcement agencies -- or any government agency -- to 
pressure Internet providers to turn over their records without a search 
warrant, further eroding electronic privacy.

The bill next heads to the House floor for a full vote.





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