Latest Bill to Amend the Computer Fraud and Abuse Act- 2/23/17

[DISCUSSION DRAFT]
FEBRUARY 23, 2017
115TH CONGRESS 1ST SESSION
H. R.
ll
To amend title 18, United States Code, to provide a defense to prosecution
for fraud and related activity in connection with computers for persons
defending against unauthorized intrusions into their computers, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. GRAVES of Georgia introduced the following bill; which was referred to the Committee on

A BILL
To amend title 18, United States Code, to provide a defense
to prosecution for fraud and related activity in connec-
tion with computers for persons defending against unau-
thorized intrusions into their computers, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Active Cyber Defense Certainty Act’’.

 

SEC. 2. EXCLUSION FROM PROSECUTION FOR CERTAIN

COMPUTER CRIMES FOR THOSE TAKING ACTIVE CYBER DEFENSE MEASURES.

Section 1030 of title 18, United States Code, is amended by adding at the end the following:

‘‘(k) CYBER DEFENSE MEASURES NOT A VIOLATION
‘‘(1) GENERALLY
.—It is a defense to a prosecution under this section that the conduct constituting the offense was an active cyber defense measure.

‘‘(2) DEFINITIONS
.—In this subsection—

‘‘(A) the term ‘victim’ means an entity that is a victim of a persistent unauthorized intrusion of the individual entity’s computer;
‘‘(B) the term ‘active cyber defense measure’—
‘‘(i) means any measure—
‘‘(I) undertaken by, or at the direction of, a victim; and

‘‘(II) consisting of accessing without authorization the computer of the attacker to the victim’ own network to gather information in order to establish attribution of criminal activity to share with law enforcement or to disrupt continued unauthorized activity against the victim’s own network; but

‘‘(ii) does not include conduct that—
‘‘(I) destroys the information stored on a computers of another;
‘‘(II) causes physical injury to another person; or
‘‘(III) creates a threat to the public health or safety; and
‘‘(C) the term ‘attacker’ means a person or an entity that is the source of the persistent un-authorized intrusion into the victim’s computer.’’.

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