Bill summaries are authored by CRS.

Shown Here:
Reported to House with amendment(s) (06/11/2002)

Cyber Security Enhancement Act of 2002 - Title I: Computer Crime - Directs the United States Sentencing Commission to review and, if appropriate, amend Federal sentencing guidelines and otherwise address crimes involving fraud in connection with computers and access to protected information, protected computers, restricted data in interstate or foreign commerce, or involving a computer used by or for the Federal Government.

Requires such guidelines to: (1) reflect the serious nature of the offenses, their growing incidence, and the need for an effective deterrent; (2) consider resulting losses, the level of sophistication involved, any financial gain, intent, and the violation or disruption of privacy rights, national security, critical infrastructure, or public health or safety; (3) assure consistency; and (4) account for mitigating circumstances.

(Sec. 101A) Requires the Commission to report to Congress on any actions taken and recommendations regarding statutory penalties.

(Secs. 102 & 103) Includes among exceptions to otherwise criminal conduct emergency disclosures to a governmental entity by an electronic communication service (which must be subsequently reported to the Attorney General and Congress) and specified disclosures made in good faith.

(Sec. 104) Directs the Attorney General to establish and maintain a National Infrastructure Protection Center to serve as a national focal point for threat assessment, warning, investigation, and response to attacks on the Nation's critical infrastructure, both physical and cyber. Authorizes appropriations for FY 2003.

(Sec. 105) Prohibits the distribution of advertisements of illegal interception devices through the Internet as well as by other, specified media.

(Sec. 106) Increases penalties for violations where the offender knowingly causes or attempts to cause death or serious bodily injury.

(Sec. 107) Expands the legal protection for a communication provider who legally assists law enforcement with an investigation under the emergency disclosure exception under the USA PATRIOT Act to include information disclosed under statutory authorization.

(Sec. 108) Adds immediate threats to national security interests and ongoing attacks on protected computers to the list of situations during which an emergency pen register and/or trap and trace device may be used.

(Sec. 109) Broadens the offense of and increases the penalties for illegally intercepting cell-phone conversations or invading the privacy of another person's stored communications. States that a law enforcement officer need not be present for a warrant to be served or executed under the Electronic Communications Privacy Act.

Title II: Office of Science and Technology - Establishes within the Department of Justice an Office of Science and Technology to work on law enforcement technology issues, addressing safety, effectiveness, and improved access by Federal, State, and local law enforcement agencies.

(Sec. 203) Defines "law enforcement technology" to include investigative and forensic technologies, corrections technologies, and technologies that support the judicial process.

(Sec. 204) Abolishes the Office of Science and Technology of the National Institute of Justice, transferring functions, activities, and funds to the newly formed Office.

(Sec. 205) Requires the Director of the Office to operate and support National Law Enforcement and Corrections Technology Centers.

(Sec. 206) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Assistant Attorney General to coordinate the activities of the various bureaus whose functions relate to technology programs.