,,ii #aadth ,,congress #b;d ,session ,s4 #bica ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjaf,mr4 ,graham 7for himself1 ,mr4 ,whitehouse1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to protect ,americans from cybercrime4 #a4 ,short title ,this ,act may be cited as the ,botnet ,prevention ,act of #bjaf4 #b4 ,shutting down botnets 7a7 ,amendment ,section #acde of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by inserting and abuse after fraud2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking or at the end2 7ii7 in subparagraph 7,c71 by inserting or after the semicolon2 and 7iii7 by inserting after subparagraph 7,c7 the following3 7,d7 violating or about to violate section #ajcj7;a77#e7 of this title where such conduct has caused or would cause damage 7as defined in section #ajcj7 without authorization to #ajj or more protected computers 7as defined in section #ajcj7 during any #a-year period1 including by-- 7i7 impairing the availability or integrity of the protected computers without authorization2 or 7ii7 installing or maintaining control over malicious software on the protected computers that1 without authorization1 has caused or would cause damage to the protected computers2 2 and 7,b7 in paragraph 7#b71 by inserting 1 a violation described in subsection 7a77#a77;,d71 before or a ,federal2 and 7#c7 by adding at the end the following3 7c7 ,a restraining order1 prohibition1 or other action described in subsection 7b71 if issued in circumstances described in subsection 7a77#a77;,d71 may1 upon application of the ,attorney ,general-- 7#a7 specify that no cause of action shall lie in any court against a person for complying with the restraining order1 prohibition1 or other action2 and 7#b7 provide that the ,united ,states shall pay to such person a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in complying with the restraining order1 prohibition1 or other action4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #fc of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #acde and inserting the following3 #acde4 ,injunctions against fraud and abuse4 4 #c4 ,aggravated damage to a critical infrastructure computer 7a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after section #ajcj the following3 #ajcj;,a4 ,aggravated damage to a critical infrastructure computer 7a7 ,offense ,it shall be unlawful1 during and in relation to a felony violation of section #ajcj1 to knowingly cause or attempt to cause damage to a critical infrastructure computer1 if such damage results in 7or1 in the case of an attempted offense1 would1 if completed1 have resulted in7 the substantial impairment-- 7#a7 of the operation of the critical infrastructure computer2 or 7#b7 of the critical infrastructure associated with such computer4 7b7 ,penalty ,any person who violates subsection 7a7 shall1 in addition to the term of punishment provided for the felony violation of section #ajcj1 be fined under this title1 imprisoned for not more than #bj years1 or both4 7c7 ,consecutive sentence ,notwithstanding any other provision of law-- 7#a7 a court shall not place any person convicted of a violation of this section on probation2 7#b7 except as provided in paragraph 7#d71 no term of imprisonment imposed on a person under this section shall run concurrently with any term of imprisonment imposed on the person under any other provision of law1 including any term of imprisonment imposed for the felony violation of section #ajcj2 7#c7 in determining any term of imprisonment to be imposed for the felony violation of section #ajcj1 a court shall not in any way reduce the term to be imposed for such violation to compensate for1 or otherwise take into account1 any separate term of imprisonment imposed or to be imposed for a violation of this section2 and 7#d7 a term of imprisonment imposed on a person for a violation of this section may1 in the discretion of the court1 run concurrently1 in whole or in part1 only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section1 if such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the ,united ,states ,sentencing ,commission pursuant to section #iid of title #bh4 7d7 ,definitions ,in this section-- 7#a7 the terms computer and damage have the meanings given the terms in section #ajcj2 and 7#b7 the term critical infrastructure means systems and assets1 whether physical or virtual1 so vital to the ,united ,states that the incapacity or destruction of such systems and assets would have catastrophic regional or national effects on public health or safety1 economic security1 or national security4 4 7b7 ,table of sections ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajcj the following3 #ajcj;,a4 ,aggravated damage to a critical infrastructure computer4 4 #d4 ,stopping trafficking in botnets 7a7 ,in general ,section #ajcj of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#g71 by adding or at the end2 and 7,b7 by inserting after paragraph 7#g7 the following3 7#h7 intentionally traffics in the means of access to a protected computer1 if-- 7,a7 the trafficker knows or has reason to know the protected computer has been damaged in a manner prohibited by this section2 and 7,b7 the promise or agreement to pay for the means of access is made by1 or on behalf of1 a person the trafficker knows or has reason to know intends to use the means of access to-- 7i7 damage the protected computer in a manner prohibited by this section2 or 7ii7 violate section #ajcg or #acdc2 2 7#b7 in subsection 7c77#c7-- 7,a7 in subparagraph 7,a71 by striking 7a77#d7 or 7a77#g7 and inserting 7a77#d71 7a77#g71 or 7a77#h72 and 7,b7 in subparagraph 7,b71 by striking 7a77#d71 or 7a77#g7 and inserting 7a77#d71 7a77#g71 or 7a77#h72 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#aa71 by striking and at the end2 7,b7 in paragraph 7#ab71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ac7 the term traffic1 except as provided in subsection 7a77#f71 means transfer1 or otherwise dispose of1 to another as consideration for the receipt of1 or as consideration for a promise or agreement to pay1 anything of pecuniary value4 2 and 7#d7 in subsection 7g71 in the first sentence1 by inserting 1 except for a violation of subsection 7a77#h71 after of this section4