Comment Articles

Jail time is not the answer to cybercrime

Robert Vamosi AnchorDesk

Published: 07 Mar 2002 17:21 GMT

Patriot Act of 2001 is a sweeping law which, among other things, said those who break into other peoples' computers could be considered terrorists, and prosecuted as such.

In the months since the Act was signed, several lower-profile bills have been proposed in the United States Congress -- all of which are either overreaching in scope or simply flawed. One of these is H.R. 3482, the Cyber Security Enhancement Act of 2002 (CSEA).

The CSEA dictates some pretty tough penalties for cybercriminals, largely as a result of proposals made by House Crime Subcommittee Chairman Lamar Smith of Texas. He believes the US Sentencing Commission should take into account the sophistication of the attack when doling out punishments. Specifically, he would like to see some forms of computer intrusion be made punishable by life imprisonment.

Smith further proposes that Internet Service Providers (ISPs) freely share information obtained from their customers' emails with authorities. Currently ISPs cannot share such information without a warrant.

The Bush administration has supported Smith's ideas. Deputy Assistant Attorney General John G. Malcolm proposed additional language that would broaden the legislation to include computer intruders who act with reckless disregard for death or serious injury. Last week, the subcommittee unanimously approved these additions to H.R. 3482.