-Caveat Lector-

from - http://biz.yahoo.com/rf/020226/n26127748_1.html

Tuesday February 26, 6:23 pm Eastern Time
U.S. House panel OKs boost in cybercrime penalties
By Andy Sullivan

WASHINGTON, Feb 26 (Reuters) - A House of Representatives panel voted on
Tuesday to boost penalties for computer crimes and enable Internet providers
to more easily report suspicious behavior to law enforcement authorities.

Spurred by worries about electronic terrorism and a dramatic increase in
computer viruses and other Internet intrusions, the House Judiciary
subcommittee on crime 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, law
enforcement agencies told the subcommittee two weeks ago.

The bill approved by the panel 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.

"Just as a physical attack can cause injury, a cyberattack can substantially
harm our economy and endanger public health and safety," said Rep. Lamar
Smith, the Texas Republican who sponsored the bill.

Hackers 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 to report 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.

It also would reimburse Internet providers for compliance costs, and
penalize them if they did not store electronic records, such as customer
e-mails, for at least 90 days.

The provision 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 a civil liberties group believes the measures 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.

"There's no report to a judge, there's no report to Congress ... there's no
checks and balances," said Jim Dempsey, a deputy director with the Center
for Democracy and Technology.

The bill will be taken up by the full Judiciary Committee, most likely in
two weeks, Smith said.

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