US considers jailing hackers for life

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

NEWS
A last-minute addition to a proposal for a Department of Homeland Security would punish malicious computer hackers with life in prison. The US House of Representatives on Wednesday evening voted 299 to 121 to approve the bill, which would reshape large portions of the federal bureaucracy into a new department combining parts of 22 existing federal agencies, including the Secret Service, the Coast Guard, and the FBI's National Infrastructure Protection Centre. During closed-door negotiations before the debate began, the House Republican leadership inserted the 16-page Cyber Security Enhancement Act (CSEA) into the Homeland Security bill. CSEA expands the ability of police to conduct Internet or telephone eavesdropping without first obtaining a court order, and offers Internet providers more latitude to disclose information to police. In July, the full House approved CSEA by a 385-to-3 vote, but it died in the Senate. By inserting CSEA into the Homeland Security bill, the measure's backers are hoping for a second chance before Congress adjourns for the holidays. "Defending against terrorists who can strike any time with any method requires a change in our approach to the problem," CSEA sponsor Rep. Lamar Smith said in a statement. "We need a new government structure with a clear focus and clear mission to protect Americans and increase public safety. The new Department of Homeland Security will fulfil that vital role." Earlier this year, Smith said: "Until we secure our cyber infrastructure, a few keystrokes and an Internet connection is all one needs to disable the economy and endanger lives. A mouse can be just as dangerous as a bullet or a bomb." Smith heads a subcommittee on crime, which held hearings that drew endorsements of CSEA from a top Justice Department official and executives from Microsoft and WorldCom. Citing privacy concerns, civil liberties groups have objected to portions of CSEA. "There are a lot of different things to be concerned about, but preserving Fourth Amendment and wiretap standards continues to be a critical test of Congress' commitment of civil liberties," Marc Rotenberg, director of the Electronic Privacy Information Centre, said on Wednesday. Rotenberg said that CSEA makes "ISPs more closely aligned with law enforcement interests than customer confidentiality interests. It may not be surprising, but it's not good news." Democratic members of Congress said during Wednesday evening's floor debate that the Department of Homeland Security bill had been rushed to the floor without everyone having a chance to read it. They did not complain specifically about CSEA, which has already been approved near-unanimously by the House. "We were given a massive new bill this morning that is being rushed through the House with no opportunity for debate," said Rep. Henry Waxman, D-Calif. "I doubt more than 10 people in Congress know (what's) in the bill." House Majority Leader Dick Armey, R-Texas, replied by saying: "There seems to be a concern that the bill is being rushed to the floor...This was not rushed to the floor. We worked hard on it. We worked together on it." What CSEA does
If approved by the Senate and signed by the president, who has called for a Department of Homeland Security, the law would: * Promise life terms for computer intrusions that "recklessly" put others' lives at risk. A committee report accompanying the legislation predicts: "A terrorist or criminal cyberattack could further harm our economy and critical infrastructure. It is imperative that the penalties and law enforcement capabilities are adequate to prevent and deter such attacks." * Permit limited surveillance without a court order when there is an "ongoing attack" on an Internet-connected computer or "an immediate threat to a national security interest." That kind of surveillance would, however, be limited to obtaining a suspect's telephone number, IP address, URLs or email header information -- not the contents of online communications or telephone calls. Under federal law, such taps can take place when there's a threat of "serious bodily injury to any person" or activity involving organised crime. * Change current law, which says it's illegal for an Internet provider to "knowingly divulge" what users do except in some specific circumstances, such as when it's 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". * Specify that an existing ban on the "advertisement" of any device that is used primarily for surreptitious electronic surveillance applies to online ads. The prohibition now covers only a "newspaper, magazine, handbill or other publication."
For everything Internet-related, from the latest legal and policy-related news, to domain name updates, see ZDNet UK's Internet News Section. Have your say instantly, and see what others have said. Go to the ZDNet news forum. Let the editors know what you think in the Mailroom.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

45283

I think WinRT is fantastic. I just wish it was an option for people that didn't want to go through Microsoft's App Store with its attendant...

2 hours ago by 45283 on Why Windows 8 needs architectural hygiene for WOA
Burn-IT

Nine people? £30m? Who's back pocket is that lot going in? And IF they say it is for new buildings, what about all the ones the government has...

3 hours ago by Burn-IT on Police set to launch three £30m e-crime hubs
ewallace

Just to be clear, nobody knows what is in the text of ACTA, here is a photograph of the text of ACTA http://twitpic.com/8h9iju as submitted to the...

3 hours ago by ewallace on ACTA: Facts, misconceptions and questions
fgvrg56

Unfortunately main issue is that ASUS is refusing to accept that they make some mistake on this version of asus Transformer prime. 1 - GPS sensor...

5 hours ago by fgvrg56 on Asus Eee Pad Transformer Prime Wi-Fi & GPS problems?
Ben Woods

@Marcus A fair question. Just talked with Archos which said it was working on an announcement for next week....

6 hours ago by Ben Woods on Archos confirms G9 Ice Cream Sandwich update schedule
Marcus Karlsson

Any update on this, considering the claimed "first week of February"?

7 hours ago by Marcus Karlsson via Facebook on Archos confirms G9 Ice Cream Sandwich update schedule
apexwm

Bill Goodrich : Just as al_langevin pointed out, with Windows Server 2008 there is no Services for Macintosh anymore. It's gone, not available....

15 hours ago by apexwm on Windows Server 2008 drops the ball for Mac compatibility
txtrainguy

Replying to an old topic that I'm currently facing with my CEO (who is on a Mac). Our servers are primarily Windows Servers, office is about...

21 hours ago by txtrainguy on Windows Server 2008 drops the ball for Mac compatibility
k0tcs3

Sure, that makes perfect sense. Pay wrong-doers money and thank them for breaching your security and pointing out your flaws, that would surely...

22 hours ago by k0tcs3 on US indicts Romanian over NASA climate change hack
Random_Error

I think he's referring specifically to Android apps, as Apple do regulate their App Store, but Google seem to let any old crap onto the Android store!

22 hours ago by Random_Error on RIM: BlackBerry will keep 'garbage' apps out of store
Paul Fezziwig

Keep the crap apps out?! How will they compete with Android and Apple's claim to fame of having so many life changing apps? I wonder if the media...

1 day ago by Paul Fezziwig via Facebook on RIM: BlackBerry will keep 'garbage' apps out of store
Aigars Mahinovs

It has been shown time after time that if there is an author store that sells the songs at even 1$ per song and gives you a high-quality digital...

1 day ago by Aigars Mahinovs via Facebook on Copyright isn't working, says European Commission
awbMaven

""As a result of Butyka's alleged conduct, researchers were unable to use the computers for more than two months while NASA removed the malicious...

1 day ago by awbMaven on US indicts Romanian over NASA climate change hack
subhorup

It simultaneously worries me and uplifts me that a self-proclaimed group of internet activists name themselves after Indian mythical figures....

2 days ago by subhorup on Anonymous activists release PCAnywhere source code
naviathan

It's actually far easier to work anonymously on the internet than you think. With tools like Tor bouncing your traffic around the world before...

2 days ago by naviathan on Anonymous activists release PCAnywhere source code
Agnostic_OS

1000272134 and bluedalmatian with you both there but then I'm still in 10.04 land (and happy with it)

2 days ago by Agnostic_OS on Ten factors that make Ubuntu 11.10 a hit
apexwm

Interesting article and definitely see your points on the products mentioned. One of the top products for our Help Desk (approximately 20% of all...

2 days ago by apexwm on Ten flawed products that derail productivity
Paul Hutchinson

Absolutely - this should obviously not be handled my isp - but handled by their hosting operator. What's been suggested here is that my isp police...

2 days ago by Paul Hutchinson via Facebook on MPs urge ISPs to take down terrorist material
Techs UK

Looks like a great phone. I don't notice any deficiencies in WP7. used IOS before, that's pretty good. I don't spend much time in Apps, all i need...

2 days ago by Techs UK on Nokia pins US 're-entry' hopes on Lumia 900
Larry Bloggy

Now with the help of these apps you are always synced with MS outlook while on the move. Just download apps like xobni or outlookreflex and get...

2 days ago by Larry Bloggy via Facebook on Outlook Social Connector beta 2 and the LinkedIn connector