Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., is looking for any way possible to gain approval for increased cybercrime penalties, including hitching the measure to a contentious defense authorization bill that could be dead in the water.
Leahy said on Thursday that he plans to try to amend the defense authorization bill to increase criminal penalties for certain kinds of cybercrimes, as well as prevent federal officials from prosecuting people who lie online.
In the past, defense authorization bills have faced a relatively routine process, but this year’s measure has experienced delay after delay, and on Thursday it elicited a veto threat from the White House over language about detainees suspected of terrorism.
The amendment features provisions from Leahy’s Personal Data Privacy and Security Act, which garnered GOP opposition when it cleared the Judiciary Committee last month, along with two other similar bills. The White House has called for the increased penalties, but if included in the defense bill, the proposals may have an uncertain future.
In pushing for cybercrime to be included in the defense bill, Leahy would avoid placing the provisions in a more comprehensive cybersecurity bill now making its way through the Senate.
During debate on the bill, Republicans on the House Judiciary Committee criticized Leahy for moving ahead with his proposals while larger cybersecurity measures were being considered. Senate Majority Leader Harry Reid, D-Nev., said on Wednesday that he plans to consider cybersecurity legislation in early 2012.
Similar cybercrime measures proposed by Leahy in 2005, 2007, and 2009 failed to advance in the Senate. In introducing this year’s bill, Leahy cited cyberattacks on Sony, which affected millions of users, and Lockheed Martin.
“Cybercrime is a growing threat to consumers and businesses, and it is one we can no longer ignore,” Leahy said.
Other legislative efforts to combat data breaches have focused on holding companies more accountable for protecting data and telling customers when they do get hacked.
Leahy's amendment, on the other hand, includes tougher penalties for committing cybercrimes, including damaging a computer that manages any kind of critical infrastructure, such as defense, transportation, or energy systems.
The measure would prevent law enforcement from prosecuting people who lie in an online profile or otherwise violate a website’s terms of agreement, or even workplace computer use rules. The Justice Department has argued that it has the authority to prosecute people who lie online, but in testimony before the House Judiciary Committee on Tuesday, a DOJ official said the agency has neither the resources nor any plans to actually go after Internet fakers.
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