Penalties for Cyber Security Offenses

Penalties for Cyber Security Offenses

Note: This information about Penalties for Cyber Security Offenses is based on an United States Sentencing Commission report to the Congress on penalties for cyber security offenses. A report is submitted pursuant to section 225(c) of the Homeland Security Act of 2002, Pub. L. 107–296. That section requires the United States Sentencing 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. 107–296, 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, a copy of which is attached, was unanimously approved by the Commission on April 16, 2003. It is scheduled to become effective on November 1, 2003, subject to congressional review.

Conclusion

The United States Sentencing Commission shares the concerns of Congress regarding the importance of deterring and appropriately punishing computer crimes. The amendment promulgated by the United States Sentencing Commission reflects the serious and risky nature of many computer offenses. The United States Sentencing Commission stands ready to provide any additional information Congress may require related to the further consideration of these important issues.