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[infowar.de] Wired zu den neuen Cybercrime-Gesetzen in den USA
Infowar.de, http://userpage.fu-berlin.de/~bendrath/liste.html
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Lebenslänglich für gefährliche Hacks...
"Until we secure our cyber infrastructure, a few keystrokes and an
Internet connection is all one needs to disable the economy and endanger
lives," said CSEA sponsor Lamar Smith (R-Texas), the subcommittee's
chairman. "A mouse can be just as dangerous as a bullet or a bomb."
Ausserdem ist das NIPC auf gesetzliche Grundlage gestellt worden. Bisher
arbeitete es nur aufgrund einer Presidential Decision Directive (PDD 63)
von Clinton aus dem Jahr 1998.
RB
Wired News
http://www.wired.com/news/print/0,1294,50708,00.html
Hack a PC, Get Life in Jail
By Declan McCullagh and Robert Zarate
8:50 a.m. Feb. 27, 2002 PST
WASHINGTON -- A House panel voted unanimously late Tuesday to expand
the types of hacking crimes that would be punished by life
imprisonment.
Citing the possibility of terrorists wreaking havoc electronically, the
House Judiciary subcommittee on crime voted 8-0 to rewrite the Cyber
Security Enhancement Act and forward a more Draconian version to the
full committee.
CSEA's original language said in cases where miscreants knowingly
attempt "to cause death or serious bodily injury" through electronic
means, the punishment would be life imprisonment.
That wasn't strong enough for the committee, which succumbed to pressure
from the Bush administration and voted during the 45-minute session for
a replacement bill (PDF) promising life terms for computer intrusions
that "recklessly" put others' lives at risk.
"Until we secure our cyber infrastructure, a few keystrokes and an
Internet connection is all one needs to disable the economy and endanger
lives," said CSEA sponsor Lamar Smith (R-Texas), the subcommittee's
chairman. "A mouse can be just as dangerous as a bullet or a bomb."
Smith said: "Just as a physical attack can cause injury, a cyber attack
can substantially harm our economy and endanger public health and
safety."
Another section of CSEA would permit Internet providers to disclose the
contents of e-mail messages and other electronic communication to police
in cases where the companies believe -- "in good faith" -- that the
danger of death or physical injury exists.
Currently, it's illegal for an Internet provider to "knowingly divulge"
what you're doing except in some specific circumstances, such as when it
is 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."
"We have serious problems with (that part of CSEA)," said Jim Dempsey of
the Center for Democracy and Technology. "It expands disclosure
authority to include disclosures to any government entity: State, local,
federal and even foreign. It allows carriers to disclose information in
response to any government request when government claims an emergency
with no oversight, no accountability after the fact."
Despite the objections of civil libertarians, CSEA enjoys strong support
from the private sector.
"If we are to protect American consumers, businesses and government,
federal laws against cyber-crime must be strengthened," said Robert
Cresanti, vice president of the Business Software Alliance. "The Cyber
Security Enhancement Act will provide law enforcement with needed
digital age tools and impose tougher sentencing on those who would
threaten our security."
CSEA also formalizes 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.
Smith's replacement increases the NIPC's funding to $125 million for the
2003 fiscal year.
Another amendment, offered by Rep. Sheila Jackson-Lee (D-Texas) and
approved by the panel, gives the U.S. Sentencing Commission more
flexibility than in the original bill in deciding penalties for illegal
hacking offenses. It aso directs the commission to report back to
Congress.
A full committee hearing on CSEA has not been scheduled.
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