HR 4661, the "Internet Spyware (I-SPY) Prevention Act of 2004"; amendment in the nature of a substitute approved by the House Judiciary Committee at its mark up session on September 8, 2004. The Committee then approved the bill as amended by this amendment.

Editor's Notes:
 • TLJ obtained a paper copy of this amendment at the House Judiciary Committee mark up meeting. TLJ transcribed this copy.
 • TLJ added hyperlinks.
 • Words highlighted in red are additions to the original version.

AMENDMENT IN THE NATURE OF A SUBSTITUTE
TO H.R. 4661
OFFERED BY MR. Goodlatte

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Internet Spyware (I-SPY) Prevention Act of 2004’’.

SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVITIES RELATING TO COMPUTERS.

(a) IN GENERAL.—Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following:

‘‘§ 1030A Illicit indirect use of protected computers

‘‘(a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned not more than 5 years, or both.

‘‘(b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code—

‘‘(1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or

‘‘(2) intentionally impairs the security protection of the protected computer;

shall be fined under this title or imprisoned not more than 2 years, or both.

‘‘(c) No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant’s violating this section. For the purposes of this subsection, the term ‘State’ includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

‘‘(d) As used in this section—

‘‘(1) the terms ‘ protected computer’ and ‘exceeds authorized access’ have, respectively, the meanings given those terms in section 1030; and

‘‘(2) the term ‘personal information’ means—

‘‘(A) a first and last name;

‘‘(B) a home or other physical address, including street name;

‘‘(C) an electronic mail address;

‘‘(D) a telephone number;

‘‘(E) a Social Security number, tax identification number, drivers licence number, passport number, or any other government-issued identification number; or

‘‘(F) a credit card or bank account number or any password or access code associated with a credit card or bank account.’’.

(b) CONFORMING AMENDMENT.—The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following new item:

‘‘1030A. Illicit indirect use of protected computers.’’.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

In addition to any other sums otherwise authorized to be appropriated for this purpose, there are authorized to be appropriated for each of fiscal years 2005 through 2008, the sum of $10,000,000 to the Attorney General for prosecutions needed to discourage the use of spyware and the practice commonly called phishing.

SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING THE ENFORCEMENT OF CERTAIN CYBERCRIMES.

(a) FINDINGS.---Congress makes the following findings:

(1) Software and electronic communications are increasingly being used by criminals to invade individuals' and business' computers without authorization.

(2) Two particularly egregious types of such schemes are the use of spyware and phishing scams.

(3) These schemes are often used to obtain personal information, such as bank account and credit card numbers, which can then be used as a means to commit other types of theft.

(4) In addition to the devastating damage that these heinous activities can inflict on individuals and businesses, they also undermine the confidence that citizens have in using the Internet.

(b) SENSE OF CONGRESS.---Because of the serious nature of these offenses, and the Internet's unique importance in the daily lives of citizens and in interstate commerce, it is the sense of Congress that the Department of Justice should use the amendments made by this Act, and all other available tools, vigorously to prosecute those who use spyware to commit crimes and those that conduct phishing scams.