Report to the Congress: Increased Penalties for Cyber Security Offenses

摘要

This report is submitted pursuant to section 225(c) of the Homeland Security Act of 2002, Pub. L. 107296. That section requires the United States Sentencing Commission (the Commission) to submit a report not later than May 1, 2003 explaining actions taken in response to the Cyber Security Enhancement Act of 2002, Sec. 225 of Pub. L. 107296, and offering any policy recommendations regarding statutory penalties. In developing its response to the Act, the Commission analyzed sentencing data, reviewed relevant case law and legislative history, and solicited and considered commentary from the Department of Justice, defense attorneys, probation officers, academics and other experts in the field of computer crime. The Commission specifically considered the eight factors enumerated in the directive, detailed below, and considered the extent to which each was or was not accounted for by existing sentencing guidelines and policy statements. As a result of its study and analysis, the Commission promulgated a carefully tailored amendment designed to more fully account for specific factors relevant to computer offenses. This amendment was unanimously approved by the Commission on April 16, 2003. It is scheduled to become effective on November 1, 2003, subject to congressional review.