[iwar] House OKs life sentences for hackers (fwd)

From: Fred Cohen (fc@all.net)
Date: 2002-07-15 23:04:42


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Date: Mon, 15 Jul 2002 23:04:42 -0700 (PDT)
Subject: [iwar] House OKs life sentences for hackers (fwd)
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House OKs life sentences for hackers
By Declan McCullagh 
Staff Writer, CNET News.com
July 15, 2002, 6:00 PM PT
http://news.com.com/2100-1001-944057.html 

WASHINGTON--The House of Representatives on Monday overwhelmingly approved=
 a bill that would allow for life prison sentences for malicious computer=
 hackers. 
By a 385-3 vote, the House approved a computer crime bill that also expands=
 police ability to conduct Internet or telephone eavesdropping without=
 first obtaining a court order. 

The Bush administration had asked Congress to approve the Cyber Security=
 Enhancement Act (CSEA) as a way of responding to electronic intrusions,=
 denial of service attacks and the threat of "cyber-terrorism." The CSEA=
 had been written before the Sept. 11 terrorist attacks last year, but the=
 events spurred legislators toward Monday evening's near-unanimous vote. 

CSEA, the most wide-ranging computer crime bill to make its way through=
 Congress in years, now heads to the Senate. It's not expected to encounter=
 any serious opposition, although there's not much time for senators to=
 consider the measure because they take August off and are expected to head=
 home for the year around Oct. 1. 

"Until we secure our cyber infrastructure, a few keystrokes and an Internet=
 connection is all one needs to disable the economy and endanger lives,"=
 sponsor Lamar Smith, R-Tex., said earlier this year. "A mouse can be just=
 as dangerous as a bullet or a bomb." 

Smith heads a subcommittee on crime, which held hearings that drew=
 endorsements of CSEA from a top Justice Department official and executives=
 from Microsoft and WorldCom. Citing privacy concerns, civil liberties=
 groups have objected to portions of CSEA. 

At the urging of the Justice Department, Smith's subcommittee voted in=
 February to rewrite CSEA. It now promises life terms for computer=
 intrusions that "recklessly" put others' lives at risk. 

A committee report accompanying the legislation predicts: "A terrorist or=
 criminal cyber attack could further harm our economy and critical=
 infrastructure. It is imperative that the penalties and law enforcement=
 capabilities are adequate to prevent and deter such attacks." 

By rewriting wiretap laws, CSEA would allow limited surveillance without a=
 court order when there is an "ongoing attack" on an Internet-connected=
 computer or "an immediate threat to a national security interest." That=
 kind of surveillance would, however, be limited to obtaining a suspect's=
 telephone number, IP address, URLs or e-mail header information--not the=
 contents of online communications or telephone calls. 

Under federal law, such taps can take place when there's a threat of=
 "serious bodily injury to any person" or activity involving organized=
 crime. 

Another section of CSEA would permit Internet providers to disclose the=
 contents of e-mail messages and other electronic records to police in=
 cases involving serious crimes. 

Currently it's illegal for an Internet provider to "knowingly divulge" what=
 users do except in some specific circumstances, such as when it's=
 troubleshooting glitches, receiving a court order or tipping off police=
 that a crime is in progress. CSEA expands that list to include when "an=
 emergency involving danger of death or serious physical injury to any=
 person requires disclosure of the information without delay." 

Clint Smith, the president of the U.S. Internet Service Providers=
 Association, endorsed the concept earlier this year. 

Smith testified that CSEA builds on the controversial USA Patriot act,=
 which Congress enacted last fall. He said that this portion of CSEA "will=
 reduce impediments to ISP cooperation with law enforcement." 

The Free Congress Foundation, which opposes CSEA, criticized Monday=
 evening's vote. 

"Congress should stop chipping away at our civil liberties," said Brad=
 Jansen, an analyst at the conservative group. "A good place to start would=
 be to substantially revise (CSEA) to increase, not diminish, oversight and=
 accountability by the government." 

If the Senate also approves CSEA, the new law would also: 

=95 Require the U.S. Sentencing Commission to revise sentencing guidelines=
 for computer crimes. The commission would consider whether the offense=
 involved a government computer, the "level of sophistication" shown and=
 whether the person acted maliciously. 

=95 Formalize the existence of the National Infrastructure Protection=
 Center. The center, which investigates and responds to both physical and=
 virtual threats and attacks on America's critical infrastructure, was=
 created in 1998 by the Department of Justice, but has not been authorized=
 by an act of Congress. The original version of CSEA set aside $57.5=
 million for the NIPC; the final version increases the NIPC's funding to=
 $125 million for the 2003 fiscal year. 

=95 Specify that an existing ban on the "advertisement" of any device that=
 is used primarily for surreptitious electronic surveillance applies to=
 online ads. The prohibition now covers only a "newspaper, magazine,=
 handbill or other publication." 

Most industry associations, including the Business Software Alliance, the=
 Association for Competitive Technology, the Information Technology=
 Association of America, and the Information Technology Industry Council,=
 have endorsed most portions of CSEA. 

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