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House Judiciary Committee discussion draft

House Judiciary Committee discussion draft

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Published by JMartinezTheHill
The House Judiciary Committee is weighing a draft cybersecurity bill that could stiffen a computer hacking law used to bring charges against Internet activist Aaron Swartz.

The House Judiciary Committee is weighing a draft cybersecurity bill that could stiffen a computer hacking law used to bring charges against Internet activist Aaron Swartz.

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Published by: JMartinezTheHill on Mar 25, 2013
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04/09/2013

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[Discussion Draft]
[DISCUSSION DRAFT]
113
TH
CONGRESS1
ST
S
ESSION
 
H. R.
 ll 
 
To amend title 18, United States Code, to provide for additional restrictionson fraud and related activity in connection with computers, and forother purposes.
IN THE HOUSE OF REPRESENTATIVES
M
 l 
.
 llllll 
introduced the following bill; which was referred to theCommittee on
 llllllllllllll 
 
A BILL
 
To amend title 18, United States Code, to provide for addi-tional restrictions on fraud and related activity in connec-tion with computers, and for other purposes.
 Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘
 lllllll 
 Act
4
of 2013’’.
5
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2
[Discussion Draft]
TITLE I—CRIMINAL PROVISIONS
1
SEC. 101. PROTECTING U.S. BUSINESSES FROM FOREIGN
2
ESPIONAGE.
3
Section 1831(a) of title 18, United States Code, is
4
amended, in the matter after paragraph (5), by striking 
5
‘‘15 years’’ and inserting ‘‘20 years’’.
6
SEC. 102. FRAUD AND RELATED ACTIVITY IN CONNECTION
7
WITH COMPUTERS AS RICO PREDICATE.
8
Section 1961(1)(B) of title 18, United States Code,
9
is amended by inserting after ‘‘section 1029 (relating to
10
fraud and related activity in connection with access de-
11
 vices), section 1084 (relating to the transmission of gam-
12
 bling information),’’ the following: ‘‘section 1030 (relating 
13
to fraud and related activity in connection with com-
14
puters),’’.
15
SEC. 103. FRAUD AND RELATED ACTIVITY IN CONNECTION
16
WITH COMPUTERS.
17
Section 1030 of title 18, United States Code, is
18
amended as follows:
19
(1) T
RAFFICKING IN PASSWORDS
.—In sub-
20
section (a), by striking paragraph (6) and inserting 
21
the following:
22
‘‘(6) knowingly and with intent to defraud traf-
23
fics (as defined in section 1029) in any password or
24
similar information or means of access through
25
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3
[Discussion Draft]
 which a protected computer as defined in subpara-
1
graphs (A) and (B) of subsection (e)(2) may be
2
accessed without authorization; or’’.
3
(2) C
ONSPIRACY AND ATTEMPT
.—In subsection
4
(b), by inserting ‘‘for the completed offense’’ after
5
‘‘punished as provided’’.
6
(3) P
ENALTIES
.—By striking subsection (c)
7
and inserting the following:
8
‘‘(c) The punishment for an offense under subsection
9
(a) or (b) of this section is—
10
‘‘(1)(A) except as otherwise provided in this
11
paragraph, in the case of an offense under sub-
12
section (a)(5)(A) of this section, if the offender at-
13
tempts to cause or knowingly or recklessly causes
14
death from conduct in violation of subsection
15
(a)(5)(A), a fine under this title, imprisonment for
16
any term of years or for life, or both;
17
‘‘(B) a fine under this title, imprisonment
18
for not more than 20 years, or both, in the case
19
of an offense under subsection (a)(5)(A) of this
20
section, if the offense caused—
21
‘‘(i) loss to 1 or more persons during 
22
any 1-year period (and, for purposes of an
23
investigation, prosecution, or other pro-
24
ceeding brought by the United States only,
25
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f:\VHLC\032213\032213.076.xml (545055|9)

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