House OKs Life Sentences For Hackers 972
ByteHog writes "The House of Representatives voted overwhelmingly Monday to create a new punishment of life imprisonment for malicious computer hackers. The article on MSNBC also mentions that police can conduct internet or telephone eavesdropping without first obtaining a court order. Says a Rep from Texas: 'A mouse can be just as dangerous as a bullet or a bomb.'" Other articles can be found here and the text of the bill is available.
Yuck! (Score:0, Funny)
omfg- (Score:5, Funny)
Show me one hacker who uses a mouse to hack, even second rate wannabe script kiddies use shell prompts.
No one expects the... (Score:2, Funny)
Now all we need is for the FBI to issue red vestiments to their Computer Crimes task-force and when the pop in the door they can scream:
No one expects the...
The movie wasn't *that* bad (Score:1, Funny)
This is true (Score:5, Funny)
This is true (Disney)
Bombs are good? (Score:5, Funny)
Says a Rep from Texas: 'A mouse can be just as dangerous as a bullet or a bomb.'"
If this is the case I see no reason why Best Buy should not be allowed to stock bombs.
Imagine the possibilities. This could bring smiles back to the faces of teens everywhere.
Re:What if... (Score:3, Funny)
Re:Has hacking ever killed anyone? (Score:5, Funny)
Don't push that button! (Score:5, Funny)
Senetor Hollings also commented, "I believe this new legislation will act as a deterrant for would-be hackers trying to kill people with pirated music." he continues, "The reason why there aren't more people with broadband Internet connections is precisely because of things like this. How can the movie industry adopt a medium that can kill people with the push of a button? No, no one wants broadband if they know there's hackers out there that can kill them with a few mouse clicks."
A representative from the Bush Administration says that the new law will cut down on the rampant child pornography rings on the Internet by allowing Federal investigators to intercept any email containing questionable material and forward it directly to the President.
President Bush commented, "Al Queda is encrypting messages in porn sites all over the Internet. I plan to PERSONALLY put an end to this terrorist network."
Of mice and bullets (Score:2, Funny)
Mice considered dangerous (Score:2, Funny)
So can a House member for Texas if he falls on you from a great height.
Re:No one expects the... (Score:1, Funny)
Of course it is... (Score:5, Funny)
Re:Has hacking ever killed anyone? (Score:2, Funny)
First I couldn't kill someone. Then I *really* couldn't kill that gay jewish chick. And now I can't do it from the comfort of my command line.
That's not America. That's not even Mexico.
Re:omfg- (Score:3, Funny)
I know it can't be a computer mouse, because they're too fragile to use as weapons. Their plastic cases crack as soon as you whomp somebody with them. And you can't easily eletrecute people with them, either.
The Silver Lining (Score:2, Funny)
If the Senate also approves CSEA, the new law would also:
...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."
So, no more X10 popups, then? :-)
Re:Bombs are good? (Score:3, Funny)
A mouse can be just as dangerous as a bomb or bullet. But only in close quarters combat. Grasping the cord, whirl the mouse around your head, then strike your opponent in the face with it. While he is dazed, move behind him, and loop the cord around his neck, making sure that he does not interpose anything between the cord and his neck. Then, pull the cord tight, and wait.
Re:Typical (Score:2, Funny)
Sounds like someone needs to watch some more Schoolhouse Rock :)
Oh, I'm just a bill, yes I'm only a bill, and I'm sitting here on Capitol Hill...
Re:omfg- (Score:2, Funny)
Perhaps this was a reference to Disney.
Re:Its not as harsh as it sounds. (Score:5, Funny)
Waiting period on mice? (Score:5, Funny)
Just great, now we'll have a five-day waiting period on mice, and export controls.
And now that he's equated mice with weapons, wouldn't the 2nd Amendment kick in to guarantee your right to keep and bear mice?
Last question in relation to that statement: If a cracker only uses the keyboard, is he safe from prosecution?
Re:Since I doubt you actually read the legislation (Score:3, Funny)
That's like complaining that you could get LIFE in PRISON for using a screw driver. If you use that screw driver to tighten screws, you're fine. If you stick it in someone's eye and wiggle it around, you may be facing LIFE in PRISON for the MURDER that you committed with your SCREW DRIVER.
Good point. We need a new screwdriver law.
Re:Has hacking ever killed anyone? (Score:3, Funny)
Re:Okay, this is pretty much it. (Score:2, Funny)
Well well, this sheds some new light on the whole discussion... So in fact, what you're saying is that the United States Army, and their cronies in the UN are in fact all terrorists?
Re:I fucking hate this country (Score:1, Funny)
It's our own fault (Score:4, Funny)
Re:Typical (Score:2, Funny)
TITLE I--COMPUTER CRIME
SEC. 101. AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN COMPUTER CRIMES.
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. REQUIREMENTS- In carrying out this section, the Sentencing Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses described in subsection , the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses; consider the following factors and the extent to which the guidelines may or may not account for them--the potential and actual loss resulting from the offense; the level of sophistication and planning involved in the offense; whether the offense was committed for purposes of commercial advantage or private financial benefit; whether the defendant acted with malicious intent to cause harm in committing the offense; the extent to which the offense violated the privacy rights of individuals harmed; whether the offense involved a computer used by the government in furtherance of national defense, national security, or the administration of justice; whether the violation was intended to or had the effect of significantly interfering with or disrupting a critical infrastructure; and whether the violation was intended to or had the effect of creating a threat to public health or safety, or injury to any person; assure reasonable consistency with other relevant directives and with other sentencing guidelines; account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; make any necessary conforming changes to the sentencing guidelines; and assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.
Director of prisons: Its an election year and I need to look tough on terrorism to my constituants, so go look hard at the current sentancing guidelines so I can say I did something. If it looks like a total scumbag could, screw with the public infacstructure, hold it for ransom, or plan a fairly sophisticated attack on us without getting much more than a slap on the wrist, I want him hung by his nuts, so change it!
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.
You have to tell us what you changed so we can show the voters how tough we were.
SEC. 102. EMERGENCY DISCLOSURE EXCEPTION.
These are all the laws that need changing to allow you to do what we asked.
IN GENERAL- Section 2702(b) of title 18, United States Code, is amended--by striking `or' at the end of paragraph(5); by striking subparagraph (C) of paragraph; in paragraph (6), by inserting `or' at the end of subparagraph (A); and by inserting after paragraph (6) the following: 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.'.
REPORTING OF DISCLOSURES- A government entity that receives a disclosure under this section shall file, no later than 90 days after such disclosure, a report to the Attorney General stating the subparagraph 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 one year after enactment of the bill.
SEC. 103. GOOD FAITH EXCEPTION.
Section 2520(d)(3) of title 18, United States Code, is amended by inserting `or 2511(2)(i)' after `2511(3)'.
SEC. 104. INTERNET ADVERTISING OF ILLEGAL DEVICES.
Section 2512(1)(c) of title 18, United States Code, is amended--by inserting `or disseminates by electronic means' after `or other publication'; and by inserting `knowing the content of the advertisement and' before `knowing or having reason to know'.
No more X-11 Even senator's hate those.
SEC. 105. STRENGTHENING PENALTIES.
Section 1030(c) of title 18, United States Code, is amended--by striking `and' at the end of paragraph (3); in each of subparagraphs (A) and (C) of paragraph (4), by inserting `except as provided in paragraph (5),' before `a fine under this title'; by striking the period at the end of paragraph (4)(C) and inserting `; and'; and 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 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 is the life sentance part. This doesn't seem unfair. If you try to hack my nuclear power plant, I hope they fry you too.
SEC. 106. PROVIDER ASSISTANCE.
Section 2703- Section 2703(e) of title 18, United States Code, is amended by inserting `, statutory authorization' after `subpoena'.
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.
SEC. 107. EMERGENCIES.
Section 3125(a)(1) of title 18, United States Code, is amended--by striking `or' at the end of subparagraph (A); by striking the comma at the end of subparagraph (B) and inserting a semicolon; and by adding at the end the following: an immediate threat to a national security interest; or'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;'.
SEC. 108. PROTECTING PRIVACY.
Section 2511- Section 2511(4) of title 18, United States Code, is amended--by striking paragraph (b); and by redesignating paragraph (c) as paragraph (b).
Makes you wonder what was in paragraph b doesn't it. Probably, Senator Hollings is a do-do head or soemthing.
Section 2701- Section 2701(b) of title 18, United States Code, is amended--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';in paragraph (1)(A), by striking `one year' and inserting `5 years'; in paragraph (1)(B), by striking `two years' and inserting `10 years'; and so that paragraph (2) reads as follows: in any other case--a fine under this title or imprisonment for not more than one year or both, in the case of a first offense under this paragraph; and 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.'.
If you're a crazy who doesn't care about commercial gain, were still gonna lock you up!
PRESENCE OF OFFICER AT SERVICE AND EXECUTION OF WARRANTS FOR COMMUNICATIONS AND CUSTOMER RECORDS- Section 3105 of title 18, United States Code, is amended by adding at the end the following: `The presence of an officer is not required for service or execution of a search warrant directed to a provider of electronic communication service or remote computing service for records or other information pertaining to a subscriber to or customer of such service.'.
Holy legalese batman, this one's kinda scary, it gives them the privledge to execute a warrent at your ISP without an officer's precense. I cant tell if it means the G-man can hack your account, or if they don't have to serve you, to check your ISP records, but I'm guessing the latter.
TITLE II--OFFICE OF SCIENCE AND TECHNOLOGY
SEC. 201. ESTABLISHMENT OF OFFICE; DIRECTOR.
ESTABLISHMENT-
IN GENERAL- There is hereby established within the Department of Justice an Office of Science and Technology (hereinafter in this title referred to as the `Office').
Another easy thing to point to to show how technical and hard on terroism the rep is. Its pretty sad that the FBI currently can't search their database with even the power of Windows find. We're pretty luck that by and large criminals are idiots.
AUTHORITY- The Office shall be under the general authority of the Assistant Attorney General, Office of Justice Programs, and shall be independent of the National Institute of Justice.
You have to show the new director where his budget comes from so he knows whieh butt to kiss.
DIRECTOR- The Office shall be headed by a Director, who shall be an individual appointed based on approval by the Office of Personnel Management of the executive qualifications of the individual.
This just establishes a director and who gets to name him.
SEC. 202. MISSION OF OFFICE; DUTIES.
MISSION- The mission of the Office shall be--
To get me reelected, just checking to see if your still reading.
to serve as the national focal point for work on law enforcement technology; and to carry out programs that, through the provision of equipment, training, and technical assistance, improve the safety and effectiveness of law enforcement technology and improve access to such technology by Federal, State, and local law enforcement agencies.
Everything needs a misson statment these days. Director, get those FBI searches to support multiple terms and boolean logic.
DUTIES- In carrying out its mission, the Office shall have the following duties: To provide recommendations and advice to the Attorney General. To establish and maintain advisory groups (which shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.)) to assess the law enforcement technology needs of Federal, State, and local law enforcement agencies.
You have to work with both the AG, and the state law enforcment departments.
To establish and maintain performance standards in accordance with the National Technology Transfer and Advancement Act of 1995 (Public Law 104-113) for, and test and evaluate law enforcement technologies that may be used by, Federal, State, and local law enforcement agencies.
We love charts that show technology increasing, and crime decreasing.
To establish and maintain a program to certify, validate, and mark or otherwise recognize law enforcement technology products that conform to standards established and maintained by the Office in accordance with the National Technology Transfer and Advancement Act of 1995 (Public Law 104-113). The program may, at the discretion of the Office, allow for supplier's declaration of conformity with such standards.
There is a reccession to end, make sure that our campaing donor's products get a nice big seal to show to the folks who run the state law enforcment agencies.
To work with other entities within the Department of Justice, other Federal agencies, and the executive office of the President to establish a coordinated Federal approach on issues related to law enforcement technology. To carry out research, development, testing, and evaluation in fields that would improve the safety, effectiveness, and efficiency of law enforcement technologies used by Federal, State, and local law enforcement agencies, including, but not limited to--
Good, more spending, I hope some of it makes it to my district this time.
weapons capable of preventing use by unauthorized persons, including personalized guns; protective apparel; bullet-resistant and explosion-resistant glass; monitoring systems and alarm systems capable of providing precise location information; wire and wireless interoperable communication technologies;
3G just needs a kick in the pants to take off.
tools and techniques that facilitate investigative and forensic work, including computer forensics; equipment for particular use in counterterrorism, including devices and technologies to disable terrorist devices; guides to assist State and local law enforcement agencies; DNA identification technologies; and tools and techniques that facilitate investigations of computer crime.
Hey, the donations from these companes finally paid off.
(7) To administer a program of research, development, testing, and demonstration to improve the interoperability of voice and data public safety communications.
Before we go on a buying spree, please test this stuff, we don't want to look bad when this gets someone killed.
(8) To serve on the Technical Support Working Group of the Department of Defense, and on other relevant interagency panels, as requested. To develop, and disseminate to State and local law enforcement agencies, technical assistance and training materials for law enforcement personnel, including prosecutors.
No slouching on the job, teach those state justice people how to nail cyber criminals, if you have some free time.
To operate the regional National Law Enforcement and Corrections Technology Centers and, to the extent necessary, establish additional centers through a competitive process.
The states are getting pretty tired of unfunded mandates so you will have your own department.
To administer a program of acquisition, research, development, and dissemination of advanced investigative analysis and forensic tools to assist State and local law enforcement agencies in combating cybercrime. To support research fellowships in support of its mission.
We can't fall behind Japan in a technology race, so support some scientists working on NSF grants that apply to what we want you to do.
To serve as a clearinghouse for information on law enforcement technologies. To represent the United States and State and local law enforcement agencies, as requested, in international activities concerning law enforcement technology.
Here's your R&R, just don't go to the Tahitian conference on cyber security during an election year, please.
To enter into contracts and cooperative agreements and provide grants, which may require in-kind or cash matches from the recipient, as necessary to carry out its mission.
Contiued recession-busting and pump priming. Line up to the trough boys, the pork's a comming
To carry out other duties assigned by the Attorney General to accomplish the mission of the Office.
If we get caught with our pants down agian, fix that too!
COMPETITION REQUIRED- Except as otherwise expressly provided by law, all research and development carried out by or through the Office shall be carried out on a competitive basis.
Aren't you happy your security is ensured by the lowest bidder? It looks really bad when another doner gets a contract and we don't have a good reason, like he was the lowest bidder. [at an acution that was only publicized at his place of business]
INFORMATION FROM FEDERAL AGENCIES- Federal agencies shall, upon request from the Office and in accordance with Federal law, provide the Office with any data, reports, or other information requested, unless compliance with such request is otherwise prohibited by law.
FBI and CIA you have to play nice with these guys, their getting us reelected, and were mad that you didn't predict the future last time.
PUBLICATIONS- Decisions concerning publications issued by the Office shall rest solely with the Director of the Office. TRANSFER OF FUNDS- The Office may transfer funds to other Federal agencies or provide funding to non-Federal entities through grants, cooperative agreements, or contracts to carry out its duties under this section.
Now you can pay for all the stuff you're buying.
ANNUAL REPORT- The Director of the Office shall include with the budget justification materials submitted toCongress in support of the Department of Justice budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the activities of the Office. Each such report shall include the following:
Again we have to have charts to take to the voters, and we look really dumb on CSAN just standing there. If you hook me up with a laser pointer, I'll make sure that your budget gets increased next year.
(1) For the period of 5 fiscal years beginning with the fiscal year for which the budget is submitted--the Director's assessment of the needs of Federal, State, and local law enforcement agencies for assistance with respect to law enforcement technology and other matters consistent with the mission of the Office; and
this better involve lots of spending in my district.
a strategic plan for meeting such needs of such law enforcement agencies.
Pols love strategy meetings almost as much as their cousins the PHBs.
For the fiscal year preceding the fiscal year for which such budget is submitted, a description of the activities carried out by the Office and an evaluation of the extent to which those activities successfully meet the needs assessed under paragraph (1)(A) in previous reports.
You better get some good stuff done, remeber we have to look good to the voters.
SEC. 203. DEFINITION OF LAW ENFORCEMENT TECHNOLOGY.
This is where all the terms we used are defined, so you don't make any mistakes, an opponent can beat us over the head with next election.
For the purposes of this title, the term `law enforcement technology' includes investigative and forensic technologies, corrections technologies, and technologies that support the judicial process.
SEC. 204. ABOLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY OF NATIONAL INSTITUTE OF JUSTICE; TRANSFER OF FUNCTIONS.
TRANSFERS FROM OFFICE WITHIN NIJ- The Office of Science and Technology of the National Institute of Justice is hereby abolished, and all functions and activities performed immediately before the date of the enactment of this Act by the Office of Science and Technology of the National Institute of Justice are hereby transferred to the Office.
You have failed me for the last time, director.
AUTHORITY TO TRANSFER ADDITIONAL FUNCTIONS- The Attorney General may transfer to the Office any other program or activity of the Department of Justice that the Attorney General, in consultation with the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, determines to be consistent with the mission of the Office.
Ashcroft is really starting to annoy us.
TRANSFER OF FUNDS-
This is the really important part.
IN GENERAL- Any balance of appropriations that the Attorney General determines is available and needed to finance or discharge a function, power, or duty of the Office or a program or activity that is transferred to the Office shall be transferred to the Office and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall--be credited to any applicable appropriation account of the Office; or be credited to a new account that may be established on the books of the Department of the Treasury;and shall be merged with the funds already credited to that account and accounted for as one fund.
Funding comes from the Office of the AG, and you can store funds with the Treasury.
LIMITATIONS- Balances of appropriations credited to an account under paragraph (1)(A) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited to an account under paragraph (1)(B) are subject only to such limitations as are applicable to the appropriations from which they are transferred.
You can use the funds for any purpose that is likely to get us reellected.
TRANSFER OF PERSONNEL AND ASSETS- With respect to any function, power, or duty, or any program or activity, that is transferred to the Office, those employees and assets of the element of the Department of Justice from which the transfer is made that the Attorney General determines are needed to perform that function, power, or duty, or for that program or activity, as the case may be, shall be transferred to the Office.
this just allows people to be transfered to the new office from other departments. Not allowing hires or transfers is an easy way to sound like you are for something, but can remain agianst it.
REPORT ON IMPLEMENTATION- Not later than 1 year after the date of the enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this title. The report shall--identify each transfer carried out pursuant to subsection (b)Sorry the lameness filter doesn't like the subsection titles. b is the subsection that describes accounts left with the treasury.; provide an accounting of the amounts and sources of funding available to the Office to carry out its mission under existing authorizations and appropriations, and set forth the future funding needs of the Office; include such other information and recommendations as the Attorney General considers appropriate.
Good more reports, this is better than Christmas, On national news, I get to look good either praising you for preventing crime, or rake you over the coals, for letting something bad happen. I hope they get my good side, while I get a great sound byte.
SEC. 205. NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECHNOLOGY CENTERS.
IN GENERAL- The Director of the Office shall operate and support National Law Enforcement and Corrections Technology Centers (hereinafter in this section referred to as `Centers') and, to the extent necessary, establish new centers through a merit-based, competitive process.
PURPOSE OF CENTERS- The purpose of the Centers shall be to--support research and development of law enforcement technology; support the transfer and implementation of technology; assist in the development and dissemination of guidelines and technological standards; and provide technology assistance, information, and support for law enforcement, corrections, and criminal justice purposes.
You better put a center in my disctrict, just think of all the high tech jobs I'll have brought in, its like an elected offical's wet dream.
ANNUAL MEETING- Each year, the Director shall convene a meeting of the Centers in order to foster collaboration and communication between Center participants.
REPORT- Not later than 12 months after the date of the enactment of this Act, the Director shall transmit to the Congress a report assessing the effectiveness of the existing system of Centers and identify the number of Centers necessary to meet the technology needs of Federal, State, and local law enforcement in the United States.
If we hear about a complete lack of productivity at those centers, from the media, were gonna can you!
SEC. 206. COORDINATION WITH OTHER ENTITIES WITHIN DEPARTMENT OF JUSTICE.
Section 102 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5) by inserting `coordinate and' before `provide'. Passed the House of Representatives July 15, 2002.
Attest:
Clerk.
Lets you know that it passed the house, and the date. Also that the clerk attests to this fact. Happily, for the bill's opponents, the senate is much more thoughtful about sweeping legislation, unless there's pork involved for their district. The only major change to actual policy is the provision regarding the warrant sercicing at your ISP or colo. The rest is just elected officials shuffling jobs trying to look good in an election year.
END
That's it, wow that took a long time! Now get back to work! Especially if you work for the government.