104th CONGRESS
1st Session
To prohibit certain acts involving the use of computers in the
furtherance of crimes, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 27 (legislative day, June 19), 1995
Mr. Grassley introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
A BILL
To prohibit certain acts involving the use of computers in the
furtherance of crimes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Anti-Electronic Racketeering Act of
1995'.
SEC. 2. PROHIBITED ACTIVITIES.
(a) Definitions: Section 1961(1) of title 18, United States Code,
is amended--
(1) by striking `1343 (relating to wire fraud)' and inserting
`1343 (relating to wire and computer fraud)';
(2) by striking `that title' and inserting `this title';
(3) by striking `or (E)' and inserting `(E)'; and
(4) by inserting before the semicolon the following: `or (F)
any act that is indictable under section 1030, 1030A, or
1962(d)(2)'.
(b) Use of Computer To Facilitate Racketeering Enterprise:
Section 1962 of title 18, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
`(d) It shall be unlawful for any person--
`(1) to use any computer or computer network in furtherance
of a racketeering activity (as defined in section 1961(1)); or
`(2) to damage or threaten to damage electronically or
digitally stored data.'.
(c) Criminal Penalties: Section 1963(b) of title 18, United
States Code, is amended--
(1) by striking `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(3) electronically or digitally stored data.'.
(d) Civil Remedies: Section 1964(c) of title 18, United States
Code, is amended by striking `his property or business'.
(e) Use as Evidence of Intercepted Wire or Oral Communications:
Section 2515 of title 18, United States Code, is amended by
inserting before the period at the end the following: `, unless the
authority in possession of the intercepted communication attempted
in good faith to comply with this chapter. If the United States or
any State of the United States, or subdivision thereof, possesses a
communication intercepted by a nongovernmental actor, without the
knowledge of the United States, that State, or that subdivision,
the communication may be introduced into evidence'.
(f) Authorization for Interception of Wire, Oral, or Electronic
Communications: Section 2516(1) of title 18, United States Code, is
amended--
(1) by striking `and' at the end of paragraph (n);
(2) by striking the period at the end of paragraph (o) and
inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(p) any violation of section 1962 of title 18.'.
(g) Procedures for Interception: Section 2518(4)(b) of title 18,
United States Code, is amended by inserting before the semicolon
the following: `to the extent feasible'.
(h) Computer Crimes:
(1) New prohibited activities: Chapter 47 of title 18, United
States Code, is amended by adding at the end the following new
section:
`Sec. 1030A. Racketeering-related crimes involving computers
`(a) It shall be unlawful--
`(1) to use a computer or computer network to transfer
unlicensed computer software, regardless of whether the
transfer is performed for economic consideration;
`(2) to distribute computer software that encodes or encrypts
electronic or digital communications to computer networks that
the person distributing the software knows or reasonably should
know, is accessible to foreign nationals and foreign
governments, regardless of whether such software has been
designated as nonexportable;
`(3) to use a computer or computer network to transmit a
communication intended to conceal or hide the origin of money
or other assets, tangible or intangible, that were derived from
racketeering activity; and
`(4) to operate a computer or computer network primarily to
facilitate racketeering activity or primarily to engage in
conduct prohibited by Federal or State law.
`(b) For purposes of this section, each act of distributing
software is considered a separate predicate act. Each instance in
which nonexportable software is accessed by a foreign government,
an agent of a foreign government, a foreign national, or an agent
of a foreign national, shall be considered as a separate predicate
act.
`(c) It shall be an affirmative defense to prosecution under this
section that the software at issue used a universal decoding device
or program that was provided to the Department of Justice prior to
the distribution.'.
(2) Clerical amendment: The analysis at the beginning of
chapter 47, United States Code, is amended by adding at the end
the following new item:
`1030A. Racketeering-related crimes involving computers.'.
(3) Jurisdiction and venue: Section 1030 of title 18, United
States Code, is amended by adding at the end the following new
subsection:
`(g)(1)(A) Any act prohibited by this section that is committed
using any computer, computer facility, or computer network that is
physically located within the territorial jurisdiction of the
United States shall be deemed to have been committed within the
territorial jurisdiction of the United States.
`(B) Any action taken in furtherance of an act described in
subparagraph (A) shall be deemed to have been committed in the
territorial jurisdiction of the United States.
`(2) In any prosecution under this section involving acts deemed
to be committed within the territorial jurisdiction of the United
States under this subsection, venue shall be proper where the
computer, computer facility, or computer network was physically
situated at the time at least one of the wrongful acts was
committed.'.
(i) Wire and Computer Fraud: Section 1343 of title 18, United
States Code, is amended by striking `or television communication'
and inserting `television communication, or computer network or
facility'.
(j) Privacy Protection Act: Section 101 of the Privacy Protection
Act of 1980 (42 U.S.C. 2000aa) is amended--
(1) in subsection (a)--
(A) by striking `or' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2)
and inserting `; or'; and
(C) by adding at the end the following new paragraph:
`(3) there is reason to believe that the immediate seizure of
such materials is necessary to prevent the destruction or
altercation of such documents.'; and
(2) in subsection (b)--
(A) by striking `or' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4)
and inserting `; or'; and
(C) by adding at the end the following new paragraph:
`(5) in the case of electronically stored data, the seizure
is incidental to an otherwise valid seizure, and the government
officer or employee--
`(A) was not aware that work product material was among
the data seized;
`(B) upon actual discovery of the existence of work
product materials, the government officer or employee took
reasonable steps to protect the privacy interests
recognized by this section, including--
`(i) using utility software to seek and identify
electronically stored data that may be commingled or
combined with non-work product material; and
`(ii) upon actual identification of such material,
taking reasonable steps to protect the privacy of the
material, including seeking a search warrant.'.
Return to:
"Efforts
to Ban Encryption" |
Crypto
Policy Page |
EPIC Home
Page