(a) Short Title.--This section may be cited as the ``Cyber
Security Enhancement Act of 2002''.
(b) Amendment of Sentencing Guidelines Relating to Certain
Computer Crimes.--
(1) Directive to the united states sentencing
commission.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in
accordance with this subsection, the United States
Sentencing Commission shall review and, if appropriate,
amend its guidelines and its policy statements
applicable to persons convicted of an offense under
section 1030 of title 18, United States Code.
(2) Requirements.--In carrying out this subsection,
the Sentencing Commission shall--
(A) ensure that the sentencing guidelines
and policy statements reflect the serious
nature of the offenses described in paragraph
(1), the growing incidence of such offenses,
and the need for an effective deterrent and
appropriate punishment to prevent such
offenses;
(B) consider the following factors and the
extent to which the guidelines may or may not
account for them--
(i) the potential and actual loss
resulting from the offense;
(ii) the level of sophistication
and planning involved in the offense;
(iii) whether the offense was
committed for purposes of commercial
advantage or private financial benefit;
(iv) whether the defendant acted
with malicious intent to cause harm in
committing the offense;
(v) the extent to which the offense
violated the privacy rights of
individuals harmed;
(vi) whether the offense involved a
computer used by the government in
furtherance of national defense,
national security, or the
administration of justice;
(vii) whether the violation was
intended to or had the effect of
significantly interfering with or
disrupting a critical infrastructure;
and
(viii) whether the violation was
intended to or had the effect of
creating a threat to public health or
safety, or injury to any person;
(C) assure reasonable consistency with
other relevant directives and with other
sentencing guidelines;
(D) account for any additional aggravating
or mitigating circumstances that might justify
exceptions to the generally applicable
sentencing ranges;
(E) make any necessary conforming changes
to the sentencing guidelines; and
(F) assure that the guidelines adequately
meet the purposes of sentencing as set forth in
section 3553(a)(2) of title 18, United States
Code.
(c) Study and Report on Computer Crimes.--Not later than
May 1, 2003, the United States Sentencing Commission shall
submit a brief report to Congress that explains any actions
taken by the Sentencing Commission in response to this section
and includes any recommendations the Commission may have
regarding statutory penalties for offenses under section 1030
of title 18, United States Code.
(d) Emergency Disclosure Exception.--
(1) * * *
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(2) Reporting of disclosures.--A government entity
that receives a disclosure under section 2702(b) of
title 18, United States Code, shall file, not later
than 90 days after such disclosure, a report to the
Attorney General stating the paragraph of that section
under which the disclosure was made, the date of the
disclosure, the entity to which the disclosure was
made, the number of customers or subscribers to whom
the information disclosed pertained, and the number of
communications, if any, that were disclosed. The
Attorney General shall publish all such reports into a
single report to be submitted to Congress 1 year after
the date of enactment of this Act.
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