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From: Henry Brown (hbrownknology.net)
Date: Sun Sep 28 2008 - 15:16:21 CDT
President of United States signed into law on Sept 26.
Title II - Identity Theft Enforcement and Restitution Act
Identity Theft Enforcement and Restitution Act of 2008 - Amends the
federal criminal code to: (1) authorize criminal restitution orders in
identity theft cases to compensate victims for the time spent to
remediate the intended or actual harm incurred; (2) allow prosecution of
computer fraud offenses for conduct not involving an interstate or
foreign communication; (3) eliminate the requirement that damage to a
victim's computer aggregate at least $5,000 before a prosecution can be
brought for unauthorized access to a computer; (4) make it a felony,
during any one-year period, to damage 10 or more protected computers
used by or for the federal government or a financial institution; (5)
expand the definition of "cyber-extortion" to include a demand for money
in relation to damage to a protected computer, where such damage was
caused to facilitate the extortion; (6) prohibit conspiracies to commit
computer fraud; (7) expand interstate and foreign jurisdiction for
prosecution of computer fraud offenses; and (8) impose criminal and
civil forfeitures of property used to commit computer fraud offenses.
Directs the U.S. Sentencing Commission to review its guidelines and
policy statements for the sentencing of persons convicted of identity
theft, computer fraud, illegal wiretapping, and unlawful access to
stored information to reflect the intent of Congress that penalties for
such offenses be increased. Sets forth criteria for updating such
guidelines and policy statements.
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