- WASHINGTON - The House of
Representatives voted overwhelmingly Monday to create a new punishment
of life imprisonment 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. (HUH?1939?)
-
-
- 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."
- ("Lance this is the FBI step away from the mouse
put your hands up where we can see them!!!
- "But I was just ping my Router and type in the
wrong IP address how did I know it was the DOD?" said Lance as they
handcuffed him as he was now off too meet his new roommate for
life!!)
-
-
- 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.
-
-
- 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."
-
-
- AUTHORITIES GIVEN WIDER ACCESS
-
- 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 idea 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:
-
- 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.
-
-
- 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.
-
-
- 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.
-
-
- Copyright © 1995-2002 CNET Networks, Inc. All rights
reserved http://www.msnbc.com/news/780923.asp
Is it just me or is this going to far?
Would there be a prison for script kiddies 12 and
under? |
