Cybersnooping May Get Easier
House passes Cyber Security Enhancement Act, but measure faces scrutiny in Senate.
Stephen Chiger, Medill News Service
WASHINGTON -- Tougher cybercrime penalties, fewer restrictions on government surveillance online, and a reorganization of certain government technology agencies have been approved overwhelmingly by the House, but the legislation's future is uncertain as it moves to the Senate.
The Cyber Security Enhancement Act of 2002 is designed to supplement the controversial USA Patriot Act, which broadens the government's power to monitor communications. The House approved the measure Monday, by a 385-3 vote.
"The basic mission [of this bill] is to enhance our ability to deter and prosecute those who engage in cybercrime and cyberterrorism," said Brad Bennett, a spokesperson for Rep. Lamar Smith (R-Texas). Smith introduced the bill in December. The ultimate fate of the legislation is unclear, because there is currently no companion bill in the Senate.
Penalties, Surveillance Up
The bill would create tougher penalties for computer crimes. If enacted, it would require the United States Sentencing Commission to reconsider federal sentencing guidelines for cybercrimes by May 2003. Bennett said the commission is expected to increase those penalties if it reviews them.
"The [bill] strengthens penalties to better reflect the seriousness of cyberattacks," said Rep. F. James Sensenbrenner Jr. (R-Wisconsin) in a statement on the House floor. Sensenbrenner is chair of the House Judiciary Committee, which handled Smith's bill.
This legislation would also open doors wider for online government snooping. One provision protects ISPs from being sued when they give law enforcement agents access to users' private communications in an emergency. That also builds on the Patriot Act, which expanded law enforcement's access to ISP records.
"We're recommending that if an ISP makes a good faith effort to aid law enforcement agencies, it should not be subject to civil or criminal liability," Bennett said.
The Center for Democracy and Technology calls the protection of ISPs for revealing records a violation of basic privacy rights. It crosses the line because users are not notified of government intercepts and because the bill does not require a court to review those actions, CDT representatives said.
"It's a potential end run around the basic rule that the government should get a court order before reading people's e-mail," said Jim Dempsey, CDT deputy director.
Separating Cybercrimes
The bill also restructures the Justice Department's Office of Science and Technology, the research and development arm of that agency. The office is currently part of the National Institute of Justice, but the act would remove it and establish it as an independent group.
"We think separating [OST] and making it a separate office will make it more effective," Bennett said. He added that this office's mission, which focuses on technology, is not sufficiently in tune with that of the National Institute of Justice, which researches broad law enforcement issues.
The Justice Department protested the proposed move in a February letter to the Judiciary Committee. In the letter, it called the OST "an integral, component part of NIJ," arguing that its removal would damage communication and increase administrative costs.
The DOJ will not comment on the legislation while it is pending, a representative said.
For the bill to advance, identical or similar legislation must be introduced in the Senate. Although Rep. Smith's office is not currently aware of such legislation, Bennett said Smith remains hopeful.
